This is an annotated translation of the Second Reading Draft of the Chinese Cybersecurity Law. Struck through text indicates text removed from the first draft, underlined text indicates text added to the second draft. This translation is based on ChinaLawTranslate’s translation of the first draft, to which I contributed and which is used with kind permission.
Chapter I: General Provisions
Chapter II: Network Security Strategy, Planning and Promotion
Chapter III: Network Operations Security
Section 1: General Provisions
Section 2: Operations Security for Critical Information Infrastructure
Chapter IV: Network Information Security
Chapter V: Monitoring, Early Warnings, and Emergency Response
Chapter VI Legal Responsibility
Chapter VII: Supplementary Provisions
Chapter 1: General Provisions
Article 1: This law is formulated so as to ensure network security, to preserve cyberspace sovereignty, national security and societal public interest, to protect the lawful rights and interests of citizens, legal persons and other organizations, and to promote the healthy development of economic and social informatization.
Article 2: This law applies with respect to the construction, operation, maintenance and usage of networks, as well as the supervision and management of networks within the mainland territory of the People’s Republic of China.
Article 3: The State persists in equally stressing network security and informatization development, and abides by the directives of positive use, scientific development, management according to the law, and ensuring security; and advances the construction of network infrastructure, encouraging innovation and application of network technology, establishing and completing network security guarantee systems, and raising the capacity to protect network security.
Article 4: The State formulates and incessantly perfects a cybersecurity strategy, which clarifies the basic requirements and main objectives for cybersecurity, and puts forward cybersecurity policy, work tasks and measures for focus areas.
Article 5: The State adopts measures to monitor, defend against and deal with cybersecurity risks and attacks originating from inside and outside the territory of the People’s Reupblic of China, it protects crucial information infrastructure from attack, intrusion, interference and destruction, punishes unlawful and criminal cyber acts according to the law, and maintains security and order in cyberspace.
Article 6: The State advocates sincere, honest, healthy and civilized network conduct, adopts measures to raise the entire society’s network security awareness and level, promotes the dissemination of the Socialist core value view, and forms a good environment for the entire society to jointly participate in advancing network security.
Article 7: The State actively launches international exchange and cooperation in the areas of cyberspace governance, research and development of network technologies, formulation of standards, attacking cybercrime and illegality, and other such areas; promotes the construction of a peaceful, secure, open and cooperative cyberspace, and the establishment of a multilateral, democratic and transparent cybergovernance system.
Article 8: The national cyberspace administration is responsible for comprehensively planning and coordinating network security efforts and related supervision and management efforts. The State Council
Ministry of Industry and Information Technology controlling department for telecommunications, and public security, as well as other relevant departments, are responsible for network security protection, supervision and management efforts within the scope of their responsibilities, in accordance with the provisions of this Law, relevant laws and administrative regulations.
Network security protection, supervision and management duties for relevant departments in people’s governments at the county level or above will be determined by relevant State regulations.
Article 9: Network operators launching operations and service activities must abide by the law and administrative regulations, respect social morality and commercial ethics, be sincere and trustworthy, implement cybersecurity ptorection duties, accept supervision from government and the social public, and bear social responsibility.
Article 10: The construction and operation of networks or provision of services through networks shall be in accordance with the provisions of laws and regulations and the mandatory requirements of State or industry standards; adopting technical measures and other necessary measures to protect network security and operational stability, effectively responding to network security incidents, preventing cyber crimes, and safeguarding the integrity, secrecy and usability of online data.
Article 11: Relevant network trade organizations are to, according to their Articles of Association, strengthen industry self-discipline, formulate behavioural network security norms, guide their members in strengthening network security protection according to the law, raise the protection levels of network security, and stimulate the healthy development of the industry.
Article 12: The State protects the rights of citizens, legal persons and other organizations to use networks according to the law; it promotes widespread network access, raises the level of network services, it provides secure and convenient network services to society, and guarantees the lawful, orderly and free circulation of network information.
Any person and organization shall, when using the network, abide by the Constitution and laws, observe public order and respect social morality, they must not endanger network security, and must not use the network to engage in activities harming national security, inciting subversion of the national regime or the overthrow of the Socialist system, propagating of terrorism and extremism, inciting ethnic hatred and ethnic discrimination, dissemination of violent, obscene and sexual information,
slandering or defame others, upsetting social order, harming the public interest, infringing of other persons’ intellectual property or other lawful rights and interests fabricating and disseminating false information to disorder the economic order and social order, as well as to violate other persons’ reputations, privacy, intellectual property rights and other such lawful rights and interests.
Article 13: All individuals and organizations have the right to report conduct endangering network security to departments such as for network information,
industry and information technology telecommunications, public security. Departments receiving reports shall promptly process them in accordance with law; where these do not fall within the responsibility of that department, it shall promptly transfer the matter to the department empowered to handle it.
Chapter II: Network Security
Strategy, Planning And Promotion Article 11: The State formulates a network security strategy, clarifying the basic requirements and main objectives of guaranteeing network security, putting forward and improving network security safeguard systems, raising the capacity for network security protection, stimulating the development of network security technology and industry, and moving forward policy measures to preserve network security with participation from the entire society, and so forth. Article 12: The State Council departments for telecommunications, radio and television, energy, transportation, water conservancy, finance and other such industries and other relevant State Council departments shall, on the basis of the national network security strategy, compile network security plans concerning national security, major industries for the national economy and the people’s livelihood, and important fields, and organize their implementation.
Article 14: The State establishes and perfects a system of network security standards. The State Council administrative department for standardization and other relevant State Council departments, on the basis of their individual responsibilities, organize the formulation and timely revision of relevant national and industry standards for network security management as well as the security of network products, services and operations.
The State supports enterprises to participate in the formulation of national and industry standards for network security, and encourages enterprises to formulate enterprise standards that are stricter than the national or industry standards.
Article 15: The State Council and people’s governments of provinces, autonomous regions and directly-governed municipalities shall make comprehensively plans; expand their input; support key network security technology industries and programs; support network security technology research, development and application
and, the popularization of secure and reliable cyber products and services; protect the intellectual property rights of technology protecting networks; support research and development institutions, higher education institutions, and enterprises to participate in State network security technology innovation programs.
Article 16: The State moves forward the construction of a socalized cybersecurity services system, and encourages relevant enterprises and bodies to launch security authentication, monitoring, risk asessment and other such security services.
Article 17: The State encourages the research and development of online data security protection and usage technology, it stimulates the openness of public data resources, and promotes technological innovation and economic and social development.
The State supports the innovation of cybersecurity management methods, the utilization of new network technologies, and the enhancement of cybersecurity protection.
Article 18: All levels’ of people’s governments and their relevant departments shall organize and carry out regular network security publicity and education, and guide and stimulate relevant units in doing network security publicity and education work well.
The mass media shall conduct targeted network security publicity and education aimed at the public.
Article 19: The State supports enterprises and education or training institutions such as higher learning institutions and vocational schools, carrying out network security-related education and training, and employs multiple methods to cultivate talent in network security technologies, and promotes interaction of network security technology professionals.
Chapter III: Network Operations Security
Section 1: General Provisions
Article 20: The State implements a tiered network security protection system. Network operators shall fulfill the following security protection duties according to the requirements of the tiered network security protection system, to ensure the network avoids interference, damage or unauthorized visits, and to guard against network data leaks, theft or falsification:
- Formulate internal security management systems and operating rules, determine persons responsible for network security, and implement network security protection responsibility;
- Adopt technological measures to prevent computer viruses, network attacks, network intrusions and other actions endangering network security;
- Adopt technological measures for recording and tracking the status of network operations, and for monitoring and recording network security incidents，and preserve network logs
according to regulationsfor no less than six months;
- Adopt measures such as data classification, back-up of important data, and encryption;
- Other obligations as provided by law or administrative regulations.
Specific measures for tiered network security protection shall be provided for by the State Council.
Article 21: Network products and services shall comply with the relevant national and industry standards. Providers of network products and services must not install malicious programs;
where their products and services have functions gathering users’ information, this shall be expressed to users and their consent obtained; when it is discovered that their network products or services have risks such as security flaws or leaks, they shall promptly inform users and adopt remedial measures, and report the matter to the relevant controlling department according to regulations.
Providers of network products and services shall continuously provide security maintenance for their products and services; and must not terminate providing security maintenance during the set time period or period agreed on with clients.
Where network products and services have functions to collect user information, theri provider shall indicate this to users and obtain agreement; where citizens’ personal information is collected, this shall abide by the provisions of this Law, as well as relevant laws and administrative regulations, concerning the protection of citizens’ personal information.
Article 22: Critical network equipment and specialized network security products shall follow the compulsory requirements of relevant national
and industry standards, and be safety certified by a qualified establishment or meet the requirements of a security inspection, before being sold. The national cyberspace administration together with the relevant departments of the State Council, formulate and release a catalog of critical network equipment and specialized network security products, and promote reciprocal recognition of safety certifications and security inspection results to avoid duplicative certifications and inspections.
Article 23: Network operators handling network access and domain registration services for users, handling stationary or mobile phone network access, or providing users with information publication services, shall require users to provide real identity information when signing agreements with users or confirming provision of services. Where users do not provide real identify information, network operators must not provide them with relevant services.
The State implements an online trustworty identity strategy, supports research and development of secure and convenient electronic identity confirmation technologies, and promotes mutual recognition
and interoperability among different electronic identify confirmation technologies.
Article 24: network operators shall formulate emergency response plans for network security incidents, promptly addressing system leaks, computer viruses, network intrusions, network attacks and other such network security risks; and when network security incidents occur, immediately initiate the emergency response plan, adopt corresponding remedial measures, and report to the relevant competent departments in accordance with relevant provisions.
Article 25: Engaging in cybersecurity authentication, monitoring, risk assessment and other such activities, and the publication of cybersecurity information concerning system leaks, computer viruses, cyberattacks, cyber intrusions, etc., shall abide by relevant State provisions.
Article 26: Individuals or organization must not engage in network intrusions, or interfering with other networks ordinary functioning, theft of network data or any other activities harmful to network security ; they must not provide software or tools
or methods for the specific use of making network intrusions, interfering with the ordinary functioning or defence measures of networks or theft of network data or other activities harmful to network security ; where they clearly know other persons engage in activities harming cybersecurity, they must not provide assistance such as technical support, advertising/promotion, or financial support etc.
For the needs of national security and criminal investigation, investigating organs may request network operators provide necessary technological support and assistance in accordance with laws and regulations. Network operators shall provide technological support and assistance to public security bodies and national security bodies acting to maintain national security and investigate crime.
Article 28: The State supports cooperation between network operators in areas such as gathering, analyzing, reporting and responding to network security information, increasing the security safeguard capacity of network operators.
Relevant industry organizations shall establish robust network security protection rules and coordination mechanisms for their own industry’s websites, strengthen their analysis and evaluation of network security, and within a designated period of time shall undertake risk alerts for members, and shall support and coordinate members’ responses to risks.
Section 2: Operations Security For Critical Information Infrastructure
The State implements key protections for basic information networks providing services such as public correspondence and radio and television broadcast; important information systems for important industries such as energy, transportation, water conservation, and finance, and public service areas such as electricity, water and gas utilities, medical and sanitation service and social security; military networks and government affairs networks for state organs at the sub districted city level and above; and networks and systems owned or managed by network service providers with massive numbers of users (hereinafter “critical information infrastructure”. Measures for establishing security safeguards for critical information infrastructure shall be enacted by the State Council. The State implements focus protection for crucial information infrastructure that, whenever it is destroyed, ceases to function or leaks data, may gravely harm national security, the national economy and the people’s livelihood, or the public interest, on the basis of the tiered cybersecurity protection structure. The concrete scope of crucial information infrastructure and security protection rules are formulated by the State Council
The State encourages network operators outside of critical inforamtion infrastructure to voluntarily participate in the crucial information infrastructure protection system.
State Council departments such as for communications, radio and television, energy, transportation, water conservancy, and finance and other relevant departments of the State Council (hereinafter referred to as departments responsible for the protection of critical information infrastructures security protection efforts), are individually responsible for guiding and supervising operational security protection work for critical information infrastructure, In accordance with responsibilities provided by the State Council, departments responsible for the security protection of crucial information infrastructure respectively formulate and organize the implementation of crucial information infrastructure security plans for that sector or that area, and guide and supervise the operational security protection of critical information infrastructure.
Article 31: Construction of information infrastructure shall ensure that it has properties for supporting business stability and sustaining operations, and ensures that technical security measures are planned, established and used concurrently.
Article 32: Except as provided in article 17 of this Law, critical information infrastructure operators shall perform the following security protection duties:
- Set up specialized security management institutions and persons responsible for security management, and conduct security background checks on those responsible persons and personnel in critical positions;
- Periodically conduct network security education, technical training and skills assessment for employees;
- Conduct disaster backups of important systems and databases;
- Formulate emergency response plans for network security incidents, and periodically organize drills;
- Other obligations as provided by law or administrative regulations.
Article 29: Key information infrastructure operators purchasing network products and services shall sign a security confidentiality agreement with the provider, clarifying duties and responsibilities for security and confidentiality.
Article 33: Key information infrastructure operators purchasing network products and services that might influence national security shall go through a security inspection organized by the national cyberspace administration and relevant departments of the State Council.
Specific measures are provided separately by the State Council.
Article 34: Key information infrastructure operators purchasing network products and services shall sign a security confidentiality agreement with the provider, clarifying duties and responsibilities for security and confidentiality. (Translator’s: Article moved from original Article 29)
Critical information infrastructure operators shall store citizens’ personal information, and other important data gathered and produced during operations, within the mainland territory of the People’s Republic of China Citizens’ personal information and important business data collected and produced by critical information infrastructure operators during their activities within the territory of the People’s Republic of China, shall be stored within the territory; where due to business requirements it is truly necessary to store it outside the mainland or provide it to individuals or organizations outside the mainland, a security assessment shall be conducted according to the measures jointly formulated by the national cyberspace administration and the relevant departments of the State Council . Where laws or administrative regulations provide otherwise, those provisions apply.
Article 36: At least once a year, critical information infrastructure operators shall conduct an inspection and assessment of their networks security and risks that might exists either personally, or through retaining a specialized institution;
and submit a network security report on the circumstances of the inspection and assessment as well as improvement measures taken, to be sent to the relevant department responsible for critical information infrastructure security protection efforts and report the monitoring and assessment situation as well as improvement measures to the relevant department responsible for security protection of critical information infrastructure.
Article 37: The national cyberspace administration shall coordinate relevant departments as a whole,
establishing a coordination mechanism. The following measures may be adopted in order to protect the security of critical information infrastructure:
- With respect to random inspection testing of security risks to critical information infrastructure, [they may] propose measures for improvement, and when necessary to do so may appoint specialist inspection and detection institutions to undertake testing and evaluation for security risks;
- Periodically organize critical information infrastructure operators to conduct emergency network security drills, increasing the level and coordination of responses critical information infrastructure responses to network security incidents.
- Promote network security information sharing among relevant departments, critical information infrastructure operators, network security services institutions and relevant research institutions.
- Provide technical support and assistance for network security emergency management and recovery and so forth.
Article 38: Information obtained by the national Internet information department and relevant departments during their work to protect critical information infrastructure, may only be used for cybersecurity needs, and may not be used for other purposes.
Chapter IV: Network Information Security
Article 39: Network operators shall establish and complete user information protection systems,
strengthening protection of users personal information, privacy, and commercial secrets and strictly preserve the secrecy of user information they collect.
Article 40: Network operators collecting and using citizens’ personal information shall abide by principles of legality, propriety and necessity, explicitly stating the purposes, means and scope for collecting or using information, and obtaining the consent of the person whose data is gathered.
Network operators must not gather citizens’ personal information unrelated to the services they provide; must not violate the provisions of laws, administrative regulations or bilateral agreements to gather or use citizens’ personal information; and shall follow the provisions of laws, administrative regulations or agreements with users to process citizens’ personal information they have saved.
Network operators collecting or using citizens’ personal information shall disclose their rules for its collection and use.
Article 41: Network operators
must strictly preserve the secrecy of, and must not disclose, distort or damage citizens’ personal information they collect, and must not sell or illegally provide it to others without the agreement of the person whose information is collected, citizens’ personal information may not be provided to others. Except where it has been processed in such a manner that it is impossible to distinguish a particular individual and it cannot be retraced.
Network operators shall adopt technological measures and other necessary to ensure the security of citizen’s personal information, and prevent the citizens’ personal information it gathers from leaking, damage or loss. When circumstances of information leaks, damage or loss occur, or might occur, remedial measures shall be immediately taken, users who might be affected shall be informed, and reports shall be made to the competent departments in accordance with regulations.
Article 42: Where citizens discover network operators have violated the provisions of laws, administrative regulations or bilateral agreements to gather or use their personal information, they have the right to request the network operators delete their personal information; where discovering that personal information gathered or stored by network operators has errors, they have the right to request the network operators make corrections.
Article 43: Individual or organization must not steal or use other illegal methods to acquire citizens’ personal information, and must not sell or unlawfully provide others with citizens’ personal information.
Article 44: Departments with duties of network safety supervision and management in accordance with law and their personnel, must keep citizens’ personal information, private information and commercial secrets they learn of in performing their duties strictly confidential, and must not leak, sell, or unlawfully provide it to others.
Article 45: Network operators shall strengthen management of information published by users, and where discovering information that the law or administrative regulations prohibits the publication or transmission of, they shall immediately stop transmission of that information, employ treatment measures such as deleting it, prevent the information from spreading, save relevant records, and report to the relevant competent departments.
Article 46: No electronic information sent or application software provided by any individual or organization
No electronic information sent by electronic information submitters and application software provided by application software providers may install malicious programs, or may contain information that laws and administrative regulations prohibit the publication or transmission of.
Digital information distribution service providers and application software download service providers shall perform security administration duties; where they discover their users commit actions as provided in the previous Paragraph
and where discovering that digital information distributors or application software providers have conduct provided for in the preceding paragraph, shall stop the provision of service and employ disposition measures such as deletion, storing relevant records and reporting to the relevant competent departments.
Article 47: Network operators shall establish network information security complaint and reporting
platforms structures, publicly disclosing information such as the methods for making complaints or reports, and promptly accepting and handling complaints and reports relevant to network information security.
Network operators shall cooperate with Internet information departments and relevant departments conducting monitoring and investigations according to the law.
Article 48: The national cyberspace administration and relevant departments perform network security supervision and administration responsibilities; and where discovering information the release or transmission of which is prohibited by laws of administrative regulations, shall request the network operators stop transmission, employ disposition measures such as deletion, and store relevant records; for information described above that comes from outside mainland People’s Republic of China, they shall notify the relevant organization to adopt technological measures and other necessary measures to block the transmission of information.
Chapter V: Monitoring, Early Warnings, And Emergency Response
Article 49: The State establishes network security monitoring and early warning and information bulletin systems. The national cyberspace administration shall do overall coordination of relevant departments to strengthen collection, analysis and reporting efforts for network security information, and perform unified release of network security monitoring and early warning information in accordance with regulations.
Article 50: Departments responsible for critical information infrastructure security protection efforts shall establish and complete that industry or that field’s network security monitoring and early warning and information reporting systems, and report network security monitoring and early warning information in accordance with regulations.
Article 51: The national cyberspace administration coordinates relevant departments’ establish and completion of mechanisms for network security risk assessment and emergency response efforts, formulate network security incident emergency response plans, and periodically organize drills.
Departments responsible for critical information infrastructure security protection efforts shall formulate that industry or that field’s network security incident emergency response plans, and periodically organize drills.
Network security incident emergency response plans shall rank network security incidents on the basis of factors such as the degree of threat after the incident occurs and the scope of impact, and provide corresponding emergency response handling measures.
Article 52: When network security incidents are about to occur or where their probability of occurring increases, relevant departments of county-level people’s governments and above shall, according to their authority, and the procedures
prescribed by relevant laws, administrative laws and regulations and State Council as per regulations, issue warning information corresponding to their rank, and according to the characteristics of the incident which is about to happen cybersecurity risk or harm which is likely to result, those departments may adopt the following measures:
- Require that competent departments, institutions and personnel promptly gather and report relevant information and strengthen monitoring
of the occurrence of network security incidents and the development of the situationcybersecurity risk;
- Organize competent departments, institutions and specialist personnel to undertake analysis and evaluation of data from the network security incidents, and predict the incidents’ likelihood of occurrence, scope of impact and level of harm;
Publicly announce the prediction information and the results of analyses/evaluations which concern the publicissue warnings about the cybersecurity risks to society, and publish measures to avoid or mitigate harm; According to regulations publicly announce warnings as to harm from the network security incidents, and announce measures for avoidance and reduction of harm.
Article 53: On occurrence of network security incidents,
relevant departments of people’s governments at the county level or above shall immediately initiate the network security incident emergency response plan shall be immediately initiated, an evaluation and assessment of the network security incident shall be conducted, network operators will be requested to adopt technological and other necessary measures, potential security risks will be eliminated, the threat prevented from growing, and cautionary measures prompt released to the public.
Article 54: Where provincial-level or higher People’s Governments’ relevant departments, in the process of carrying out their cybersecurity supervision and management duties, discover that relatively large security risks exist online or they discover security incidents, they may, according to the provided powers and procedures, conduct face-to-face talks with the statutory representative or main responsible persons of network operators. Network operators shall adopt measures, rectify the situation and eliminate danger according to requirements.
Article 55: Where sudden emergencies or production safety accidents occur as a result of network security incidents, it shall be handled in accordance with the provisions of relevant laws such as the “Emergency Response Law of the People’s Republic of China” and the “Production Safety Law of the People’s Republic of China”.
Article 56: To fulfill the need to protect national security and social public order, and respond to major social security incidents,
the State Council, or the governments of provinces, autonomous regions and municipalities with approval by the State Council, with the approval or by the decision of the State Council, may take temporary measures regarding network communications in certain regions may be taken, such as restricting it.
Chapter VI Legal Responsibility
Article 57: Where network operators do not perform network security protection duties provided for in articles 20 and 24 of this law, the competent departments will order corrections and give warnings; where corrections are refused or it leads to endangerment of network security or other such consequences, give a fine of between RMB 10,000 and 100,000; and fine the directly responsible management personnel between RMB 5,000 and 50,000.
Where critical information infrastructure operators do not perform network security protection duties provided for in articles 31, 32, 34 and 36 of this law, the competent departments will order corrections and give warnings; where corrections are refused or it leads to endangerment of network security or other such consequences, give a fine of between RMB 100,000 and 1,000,000; and fine the directly responsible management personnel between RMB 10,000 and 100,000.
Where providers of network products and services, electronic information transmission and application software providers exhibit any of the following conduct in violation of this law, Where, in violation of the provisions of Article 21 Paragraphs 1 and 2, or Article 46 Paragraph I, one of the following acts occurs, the relevant competent department orders corrections and gives warnings; where corrections are refused or it causes endangerment of network security or other consequences, a fine of between RMB 50,000 and 500,000 is given; and the persons who are directly in charge are fined between RMB 10,000 and 100,000.
- Installing malicious programs;
Their products or services have functions collecting user information, without expressing this to users and obtaining their consent;Where risks such as security flaws or vulnerabilities exist in their products or services, but they not promptly inform the user and to take remedial measures; or do not report the matter to the relevant controlling department according to regulations
- Unauthorized termination for the security maintenance of its products and services.
Article 59: Network operators violating the provisions of Article 23 Paragraph 1 of this law in failing to require users to provide truthful identity information or providing relevant services to users who do not provide truthful identity information, are ordered to make corrections by the relevant competent department; where corrections are refused or the circumstances are serious, a fine of between RMB 50,000 and 500,000 is given, and the relevant competent department may order a temporary suspension of operations, a suspension of business for corrections, closing down of websites, revocation of relevant operations permits, or cancellation of business licenses; persons who are directly in charge and other directly responsible personnel are fined between RMB 10,000 and 100,000.
Article 60: Those who, in violation of the provisions of Article 25 of this Law, conduct cybersecurity authentication, monitoring or risk assessment activities, or publish cybersecurity information concerning system leaks, computer viruses, cyber attacks, etc. to society, will be ordered to rectify matters and be given a warning; where rectification is refused or where circumstances are grave, a fine of 10.000 Yuan to 100.000 Yuan is imposed, and the relevant controlling department is permitted to order the provisional cessation of business, cessation of business for rectification, closure of websites, cancellation of relevant business permits or revocation of the business licence; directly responsible persons in charge and other directly responsible persons are subject to a fine of 5.000 Yuan to 50.000 Yuan.
Article 61: Those who, in violation of the provisions of Article 26 of this Law, engage in activities harming cybersecurity, or provide programmes or tools for the special purpose of engaging in acts harming cybersecurity, or provide technological support, advertising and marketing, payment, accounting and other such forms of assistance to others engaging in acts harming in cybersecurity, where it does not yet constitute a crime, will have their unlawful income seized by public security bodies, and are subject to five days or less of detention, a fine of 10.000 to 100.000 Yuan may additionally be imposed; where circumstances are relatively grave, they are to be punished by five to fifteen days of detention, and may be additionally be subject to a fine of 50.000 Yuan to 500.000 Yuan.
Where work units commit acts as provided in the previous Paragraph, the public security body confiscates the unlawful income, imposes a fine of 50.000 to 500.000 Yuan, and imposes the directly responsible person in charge and other responsible persons according to the provisions of the previous Paragraph.
Persons receiving public order management punishments or criminal punishment for violations of the provisions of Article 26 of this Law, may not engage in work at crucial positions in cybersecurity management and network operations for the rest of their lives.
Article 62: Network operators and network product or service providers violating the provisions of Article 21 Paragraph III and Articles 40 to 42 of this law in infringing on the protections and rights of citizens’ personal information, are ordered to make corrections by the relevant competent department and may ,either independently or concurrently, be given warnings, confiscation of unlawful gains, and/or fined between 1 to 10 times the amount of unlawful gains, and where there are no unlawful gains, fined up to RMB 500,000; where the circumstances are serious, a fine of between RMB 50,000 and 500,000 is given, and the relevant competent department may order a temporary suspension of operations, a suspension of business for corrections, closing down of websites, revocation of relevant operations permits, or cancellation of business licenses; persons who are directly in charge and other directly responsible personnel are fined between RMB 10,000 and 100,000.
Where violations of the provisions of Article 43 of this law in stealing or using other illegal means to obtain, illegally sell of illegally provide others with citizens’ personal information do not constitute a crime, the public security organs confiscate unlawful gains and give a fine of between 1 and 10 times the amount of unlawful gains, and where there are no unlawful gains, give a fine of up to RMB 500,000.
Article 63: Where critical information infrastructure operators violate article 33 of this law by using network products or services that have not had safety inspections or did not pass safety inspections, the relevant competent departments order the usage to stop, and give a fine in the amount of 1 to 10 times the purchase price; the persons who are directly in charge and other directly responsible personnel are fined between RMB 10,000 and 100,000.
Article 64: Where critical information infrastructure operators violate the provisions of Article 35 of this law by storing network data outside the mainland territory, or provide network data
to individuals or organizations outside of the mainland territory without going through a security assessment, the relevant competent department orders corrections, gives warnings, confiscates unlawful gains, gives fines between RMB 50,000 and 500,000, and may order a temporary suspension of operations, a suspension of business for corrections, closing down of websites, revocation of relevant operations permits, or cancellation of business licenses; persons who are directly in charge and other directly responsible personnel are fined between RMB 10,000 and 100,000.
Article 65: Where network operators violate the provisions of Article 45 of this law by failing to stop the transmission of information that laws of administrative regulations prohibit the publication or transmission of, failing to employ disposition measures such as deletion or failure to preserve relevant records, the relevant competent department orders corrections, gives warnings, and confiscates unlawful gains; where corrections are refused or circumstances are serious, fines between RMB 50,000 and 500,000 are given, and a temporary suspension of operations, a suspension of business for corrections, closing down of websites, revocation of relevant operations permits, or cancellation of business licenses may be ordered; persons who are directly in charge and other directly responsible personnel are fined between RMB
10,000 20.000 and 100,000 200.000.
Where electronic information services providers and application software download service providers, have not performed their security obligations under this Act, punishment is in accordance with the provisions of the preceding paragraph.
Article 58: Publication or transmission of information that laws or administrative regulations prohibit the publication or transmission of, is punished in accordance with the provisions of the relevant laws and administrative regulations.
Article 66: Network operators in violation of the provisions of this law, in the following circumstances, shall correct their violation pursuant to orders of the relevant responsible department; if they refuse to correct or the circumstances are serious, they shall be fined not less than RMB 50,000 and not more than RMB 500,000; responsible personnel who are directly liable and other directly liable personnel shall be fined not less than RMB 10,000 and not more than RMB 100,000:
- Failure to report network security risks or network security incidents to the relevant authorities;
- Not adopting measures to cease the transmission of, or delete information of which the publication or dissemination is prohibited by laws and administrative regulations according to the requirements of relevant departments.
- Refusal or obstruction of the competent departments in their lawful supervision and inspection;
- Refusal to provide necessary support and assistance to public security bodies and national security bodies.
Where there is conduct endangering network security in violation of article 22 of this law that does not constitute a crime, or where there is other conduct violating provisions of this law that constitutes a public security administrative violation, public security administrative sanctions are given in accordance with law. Those publishing or disseminating information of which the publication or dissemination is prohibited by the provisions of Article 12 Paragraph II of this Law, or other laws and administrative regulations are punished according to the provisions of relevant laws and administrative regulations.
Article 68: Acts committed in violation of the provisions of this Law, will be entered into credit files according to the provisions of relevant laws and regulations, and published.
Article 69: Where state organ government affairs network operators do not perform network security protection duties as prescribed by this law, the organ at the level above or relevant department will order corrections; sanctions are given to the managers directly responsible and other directly responsible personnel.
Article 70: Where personnel of departments bearing network safety supervision and management duties, neglect their duties, abuse their office, or distort the law for personal gain, without constituting a crime, administrative sanctions are given in accordance with law.
Article 71: Where violations of the provisions of this law cause harm to others, civil liability is borne in accordance with law.
Article 72: Where violations of this Law constitute a crime, criminal responsibility is prosecuted in accordance with law. Where violations of the provisions of this Law constitute an act violating public order management, they will be subject to public order management punishment according to the law; where it constitutes a crime, criminal liability will be prosecuted according to the law.
Chapter VII: Supplementary Provisions
Article 73: For this law, the following terms have these meanings:
- “Networks” refers to networks and systems comprised of computers or other information terminals and related equipment that follow certain rules and procedures for information gathering, storage, transmission, exchange and processing.
- “Network safety” refers to taking necessary measures to prevent attacks, invasion, disturbance, undermining and unlawful use of networks, as well as unexpected accidents; causing the networks to be in a state of stable and reliable operation, as well as safeguarding the integrity, secrecy and usability of network information
storage, transmission, and processing.
- “Network operators” refers to the owners and administrators of networks, as well as network service providers
using networks owned or administrated by others to provide related services; including basic telecommunications operators, network information service providers, major information system operators and so on.
- “Network data” refers to all kinds of electronic data collected, stored, transmitted, processed, and produced through networks
- “Citizen’s personal data”
refers to a personal data — such as a citizen’s name, birth date, identification card number, personal bio-metric data, profession, residence, or telephone number — recorded electronically or by other means, as well as all other kinds of data from which a citizen’s identity may be determined, either by itself or combined with other data.refers to all kinds of information, stored in electronic or other form, which individually or in combination with other information allows the identification of a citizens’ individual identity, including but not limited to their name, date of birth, identity card number, personally distinctive biological information, address, telephone number, etc.
Article 66: Operations security protection for storing and processing networks involving state secret information, in addition to following this law, shall also uphold laws, administrative regulations and rules on classification.
Article 67: Military network and information security protection
measures are formulated will be provided for separately by the Central Military Commission.
Article 68: This law shall take effect on (day) (month) (year).
第一章 总 则
第七章 附 则
第一章 总 则
第七章 附 则
第七十五条 本法自 年 月 日起施行。