Cybersecurity Law of the People’s Republic of China (Third Reading Draft)

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This is an annotated translation of the Third Reading Draft of the Chinese Cybersecurity Law. Struck through text indicates text removed from the second draft, underlined text indicates text added to the third 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: Cybersecurity 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 cybersecurity, 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 cybersecurity 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, interaction and interconnectivity of network infrastructure, it encourages innovation and application of network technology, supports the fostering of cybersecurity talents, establishes and completes cybersecurity guarantee systems, and raises the capacity to protect cybersecurity.

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 critical 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 cybersecurity 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 cybersecurity.

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 cybersecurity efforts and related supervision and management efforts. The State Council controlling department for telecommunications, and public security, as well as other relevant departments, are responsible for cybersecurity protection, supervision and management efforts within the scope of their responsibilities, in accordance with the provisions of this Law, relevant laws and administrative regulations.

Cybersecurity 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 society, 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 cybersecurity and operational stability, effectively responding to cybersecurity 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 cybersecurity norms, guide their members in strengthening cybersecurity protection according to the law, raise the protection levels of cybersecurity, 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 cybersecurity, 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, inciting the separation of the country, endangering national unity, propagating of terrorism and extremism, inciting ethnic hatred and ethnic discrimination, dissemination of violent, obscene and sexual information, 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: The State encourages research and development of online products and services beneficial to minors’ healthy upbringing, it punishes usage of the network to engage in activities harming the physical or mental health of minors according to the law, and provides a safe and healthy online environment for minors.

Article 14: All individuals and organizations have the right to report conduct endangering cybersecurity to departments such as for network information, 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: Cybersecurity, Planning And Promotion

 

Article 15: The State establishes and perfects a system of cybersecurity 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 cybersecurity management as well as the security of network products, services and operations.

The State supports enterprises, research bodies, higher education institutes, and relevant network sectoral organizations to participate in the formulation of national and industry standards for cybersecurity, and encourages enterprises to formulate enterprise standards that are stricter than the national or industry standards.

Article 16: The State Council and people’s governments of provinces, autonomous regions and directly-governed municipalities shall make comprehensively plans; expand their input; support key cybersecurity technology industries and programs; support cybersecurity 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 cybersecurity technology innovation programs.

Article 17: The State moves forward the construction of a socalized cybersecurity services system, and encourages relevant enterprises and bodies to launch security authentication, monitoring, risk assessment and other such security services.

Article 18: 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 19: All levels’ of people’s governments and their relevant departments shall organize and carry out regular cybersecurity publicity and education, and guide and stimulate relevant units in doing cybersecurity publicity and education work well.

The mass media shall conduct targeted cybersecurity publicity and education aimed at the public.

Article 20: The State supports enterprises and education or training institutions such as higher learning institutions and vocational schools, carrying out cybersecurity-related education and training, and employs multiple methods to cultivate talent in cybersecurity technologies, and promotes interaction of cybersecurity technology professionals.

Chapter III: Network Operations Security

Section 1: General Provisions

Article 21: The State implements a tiered cybersecurity protection system. Network operators shall fulfill the following security protection duties according to the requirements of the tiered cybersecurity 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 cybersecurity, and implement cybersecurity protection responsibility;
  • Adopt technological measures to prevent computer viruses, network attacks, network intrusions and other actions endangering cybersecurity;
  • Adopt technological measures for recording and tracking the status of network operations, and for monitoring and recording cybersecurity 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 cybersecurity protection shall be formulated by the State Council.

Article 22: Network products and services shall comply with the relevant national and industry standards. Providers of network products and services must not install malicious programs; when it is discovered that their network products or services have risks such as security flaws or leaks, they shall promptly notify users and adopt remedial measures, and promptly notify users 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, their provider shall indicate this to users and obtain agreement; where citizens’ personal information is collected involved, 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 23: Critical network equipment and specialized cybersecurity products shall follow the compulsory requirements of relevant national standards, and be safety certified by a qualified establishment or meet the requirements of a security inspection, before being sold or provided. The national cyberspace administration together with the relevant departments of the State Council, formulate and release a catalog of critical network equipment and specialized cybersecurity products, and promote reciprocal recognition of safety certifications and security inspection results to avoid duplicative certifications and inspections.

Article 24: 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 trustworthy identity strategy, supports research and development of secure and convenient electronic identity confirmation technologies, and promotes mutual recognition among different electronic identify confirmation technologies.

Article 25: network operators shall formulate emergency response plans for cybersecurity incidents, promptly addressing system leaks, computer viruses, network intrusions, network attacks and other such cybersecurity risks; and when cybersecurity 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 26: 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 27: No individual or organization may engage in online intrusions, interfere with other networks’ regular functioning, steal online data or other such activities harmful to cybersecurity; they may not provide software or tools for the specific use of committing network intrusions, interfering with the regular functioning and as well as defence measures of network, steal online data or other such activities harmful to cybersecurity ; 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.

Article 28: 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 29: The State supports cooperation between network operators in areas such as gathering, analyzing, reporting and responding to cybersecurity information, increasing the security safeguard capacity of network operators.

Relevant industry organizations shall establish robust cybersecurity protection rules and coordination mechanisms for their own industry’s websites, strengthen their analysis and evaluation of cybersecurity, and within a designated period of time shall undertake risk alerts for members, and shall support and coordinate members’ responses to risks.

Article 30: [Moved here from Section 2, previously Article 38]. Information obtained by the State Internet information department and relevant departments during their work to protect critical information infrastructure when carrying out cybersecurity protection duties, may only be used for cybersecurity needs, and may not be used for other purposes.

Section 2: Operations Security For Critical Information Infrastructure

Article 31: The State implements focus protection for critical information infrastructure in important sectors and areas such as public telecommunications and information services, energy, transportation, irrigation, finance, public services, e-government, etc., as well as other critical information infrastructure that, whenever it is destroyed, loses its ability to function or encounters data leaks, may gravely harm national security, the national economy, the people’s livelihood and the public interest, on the basis of the tiered cybersecurity protection structure. The concrete scope of critical information infrastructure and security protection rules are formulated by the State Council

The State encourages network operators outside of critical information infrastructure to voluntarily participate in the critical information infrastructure protection system.

Article 32: In accordance with responsibilities provided by the State Council, departments responsible for the security protection of critical information infrastructure respectively formulate and organize the implementation of critical information infrastructure security plans for that sector or that area, and guide and supervise the operational security protection of critical information infrastructure.

Article 33: 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 34: Except as provided in Article 21 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 cybersecurity education, technical training and skills assessment for employees;
  • Conduct disaster backups of important systems and databases;
  • Formulate emergency response plans for cybersecurity incidents, and periodically organize drills;
  • Other obligations as provided by law or administrative regulations.

Article 35: Critical 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.

Article 36: Critical 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 37: 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 provide it 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 38: 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 report the monitoring and assessment situation as well as improvement measures to the relevant department responsible for security protection of critical information infrastructure.

Article 39: The State Internet information department shall comprehensively coordinate relevant departments. 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 cybersecurity drills, increasing the level and coordination of responses critical information infrastructure responses to cybersecurity incidents.
  • Promote cybersecurity information sharing among relevant departments, the operators ofcritical information infrastructure operators, cybersecurity services institutions and relevant research institutions.
  • Provide technical support and assistance for cybersecurity emergency management and recovery and so forth.

Chapter IV: Network Information Security

Article 40: Network operators shall establish and complete user information protection systems, and strictly preserve the secrecy of user information they collect.

Article 41: 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 42: Network operators must not disclose, distort or damage citizens’ personal information they collect, 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 and other necessary measures to ensure the security of citizen’s personal information they collect, and prevent the citizens’ personal information it gathers from leaks, damage or loss. Where a situation of of information leakage, damage or loss occurs, or might occur, they shall promptly take remedial measures, timely notify users who might be affected and report the matter to the competent departments according to regulations.

Article 43: Where a citizen an individual discovers network operators have violated the provisions of laws, administrative regulations or bilateral agreements in collecting or using their personal information, they have the right to request the network operators to delete their personal information; where discovering that personal information gathered or stored by network operators contains errors, they have the right to request the network operators to make corrections. Network operators shall adopt measures for deletion or correction.

Article 44: 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 45: 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 46: No individual or organization may establish websites or new groups used to commit fraud, disseminate criminal methods, produce or sell prohibited goods or managed goods, or other such unlawful and criminal activities, they may not use the network to disseminate information concerning committing fraud, producing or selling prohibited goods or managed goods, or other such unlawful and criminal activities.

Article 47: Network operators shall strengthen management of information published by users, and where they discover information of which the publication or dissemination is prohibited by laws and regulations, they shall immediately stop dissemination of that information, take measures such as deleting it, prevent the information from spreading, save relevant records, and report to the relevant departments in charge.

Article 48: No electronic information sent or application software provided by any individual or organization 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 know their users commit actions as provided in the previous Paragraph, shall stop the provision of service and take measures such as deletion, storing relevant records and reporting to the relevant departments in charge.

Article 49: Network operators shall establish network information security complaint and reporting platforms systems, 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 50: The national cyberspace administration and relevant departments perform cybersecurity 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 51: The State establishes cybersecurity 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 cybersecurity information, and perform unified release of cybersecurity monitoring and early warning information in accordance with regulations.

Article 52: Departments responsible for critical information infrastructure security protection efforts shall establish and complete that industry or that field’s cybersecurity monitoring and early warning and information reporting systems, and report cybersecurity monitoring and early warning information in accordance with regulations.

Article 53: The national cyberspace administration coordinates relevant departments’ establish and completion of mechanisms for cybersecurity risk assessment and emergency response efforts, formulate cybersecurity 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 cybersecurity incident emergency response plans, and periodically organize drills.

Cybersecurity incident emergency response plans shall rank cybersecurity 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 54: When cybersecurity incidents are about to occur or where their probability of occurring increases, relevant departments of county-level people’s governments and above may, according to their powers, the stipulated procedures, and the characteristics of the cybersecurity risk or harm which is likely to result, adopt the following measures:

  • Require that competent departments, institutions and personnel promptly gather and report relevant information and strengthen monitoring cybersecurity risk;
  • Organize competent departments, institutions and specialist personnel to undertake analysis and evaluation of data from the cybersecurity incidents, and predict the incidents’ likelihood of occurrence, scope of impact and level of harm;
  • Issue warnings about the cybersecurity risks to society, and publish measures to avoid or mitigate harm;

Article 55: On occurrence of cybersecurity incidents, the cybersecurity incident emergency response plan shall be immediately initiated, an evaluation and assessment of the cybersecurity 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 56: 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 57: Where sudden emergencies or production safety accidents occur as a result of cybersecurity 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 58: To fulfill the need to protect national security and social public order, and respond to major social security incidents, with the approval or by the decision of the State Council, temporary measures regarding network communications in certain regions may be taken, such as restricting it.

Chapter VI Legal Responsibility

Article 59: Where network operators do not perform cybersecurity protection duties provided for in Articles 21 and 25 of this Law, the competent departments will order corrections and give warnings; where corrections are refused or it leads to endangerment of cybersecurity 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 cybersecurity protection duties provided for in Articles 33, 34, 36 and 38 of this Law, the competent departments will order corrections and give warnings; where corrections are refused or it leads to endangerment of cybersecurity 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.

Article 60: Where, in violation of the provisions of Article 22 Paragraphs 1 and 2, or Article 48 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 cybersecurity 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;
  • Where risks such as security flaws or vulnerabilities exist in their products or services, but they do not promptly inform the user and to take remedial measures; or do not immediately take remedial measures, or not timely notify users and report the matter to the relevant controlling department according to regulations
  • Unauthorized termination for the security maintenance of its products and services.

Article 61: Network operators violating the provisions of Article 24 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 62: Those who, in violation of the provisions of Article 26 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 63: Those who, in violation of the provisions of Article 27 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, who may for five years not engage in cybersecurity management work or occupy crucial positions in network operations, or criminal punishment for violations of the provisions of Article 27 of this Law, may not engage in cybersecurity management work or occupy crucial positions in network operations for the rest of their lives.

Article 64: Network operators and network product or service providers violating the provisions of Article 22 Paragraph III and Articles 41 to 43 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 44 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 65: Where critical information infrastructure operators violate Article 35 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 66: Where critical information infrastructure operators violate the provisions of Article 37 of this Law by storing network data outside the mainland territory, or provide network data  outside of the mainland territory, 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 67: Those establishing websites or newsgroups for use in committing unlawful or criminal activities in violation of the provisions of Article 46 of this Law or for use in the online dissemination of information connected to committing unlawful or criminal activities, where it does not constitute a crime, will be detained by public security bodies for five days or less, and a fine of 10.000 Yuan or more but less than 100.000 Yuan may additionally be imposed; where circumstances are grave, they are detained for five days or more but less than fifteen days is imposed, and a fine of 50.000 Yuan or more but less than 500.000 Yuan may additionally be imposed.

Where a work unit acts as stipulated in the previous Paragraph, public security bodies impose a fine of 100.000 Yuan or more but less than 500.000 Yuan, and their directly responsible personnel in charge and other directly responsible personnel will be punished according to the provisions of the previous Paragraph.

Article 68: Where network operators violate the provisions of Article 47 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 and 100.000.

Where electronic information services providers and application software download service providers, have do not performed their security management duties according to Article 48 Paragraph II of this Law, they will be punished according to the provisions of the previous paragraph.

Article 69: 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 cybersecurity risks or cybersecurity 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.

Article 70: 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 71: 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 72: Where state organ government affairs network operators do not perform cybersecurity 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 73: Where Internet information departments and relevant departments violate the provisions of Article 30 of this Law, and use information obtained during their carrying out of cybersecurity protection duties for other purposes, the directly responsible person in charge and other directly responsible personnel will be punished according to the law.

Where work personnel of Internet information departments and relevant departments 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 74: Where violations of the provisions of this Law cause harm to others, civil liability is borne in accordance with the law.

Where violations of the provisions of this Law constitute an act violating public order management, public order management punishment will be imposed according to the law; where it constitutes a crime, criminal liability will be prosecuted according to the law.

Article 75: Where foreign individuals or organizations engage in attacks, intrusions, interference, destruction and other such acts harming the critical information infrastructure of the People’s Republic of China, resulting in grave consequences, legal liability will be prosecuted according to the law. The State Council public security departments and relevant departments may also decide to freeze the assets of said individuals or organizations, or take other necessary punitive measures.

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.
  • “Network operators” refers to the owners and administrators of networks, as well as network service providers.
  • “Network data” refers to all kinds of electronic data collected, stored, transmitted, processed, and produced through networks
  • Citizen’s personal 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 natural person’s 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 will be regulated separately by the Central Military Commission.

Article 68: This Law shall take effect on (day) (month) (year).

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