On April 27, 2020, the Cyberspace Administration of China (“CAC”) and other eleven government agencies jointly released the final version of the Measures on Cybersecurity Review (“Measures”) (an official Chinese version of the Measures is available here). These Measures will take effect on June 1, 2020.
Under Article 35 of China’s Cybersecurity Law (“CSL”), operators of Critical Information Infrastructure (“CII”) are required to undergo a security review if the procurement of “network products and services” implicates China’s national security. To implement this requirement, CAC previously released the Measures on the Security Review of Network Products and Services (Trial) (“Trial Measures”) on May 2, 2017, which established a process for CAC to conduct a cybersecurity review in a range of key sectors. On May 24, 2019, CAC released a draft version of the Measures (“Draft Measures”) for public comment (see our post on the Draft Measures here), aiming to update the review process established under the Trial Measures. The final version of the Measures replaces the Trial Measures and largely tracks the framework proposed in the Draft Measures.
Highlights of the final version of the Measures appear below.
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