China adopts cybersecurity law

China's new law will strengthen the government's control over the cyber space and potentially impose extra burdens on business operators.

07 November 2016

Publication

It is reported that the Standing Committee of the People’s Congress adopted the Cyber Security Law today, which will come into effect on 01 June 2017. The Cyber Security Law will strengthen the government control over the cyber space and impose extra burdens on business operators.

The approved version of the Cyber Security Law has not been formally released. According to the official announcement, the law :

(i) brings the cybersecurity issue onto a national sovereignty level

(ii) imposes cybersecurity obligations on network operators and network component manufacturers

(iii) improves personal information protection system, and

(iv) creates cybersecurity administrative mechanism from a national protectionism aspect.

Business operators in China will likely face more onerous cybersecurity legal regime in terms of procurement of network device, design of network structure, cross-border data transfer etc. We will continuing closely looking into the Cyber Security Law and update you accordingly.

This document is provided for information purposes only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from any action as a result of the contents of this document. Simmons & Simmons is registered in China as a foreign law firm. We are permitted by Chinese regulations to provide information on the impact of the Chinese legal environment and also to provide a range of other services. We are not admitted to practise in China and cannot, and do not purport to, provide Chinese legal services. We are, however, able to co-ordinate with local counsel to issue a formal legal opinion should this be required.