CHINA
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of ratification of the UN Convention on the Use of Electronic Communications in International Contracts
China has signed but not ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
CHINA
Since 2004
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
China has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
CHINA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
China has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
CHINA
Since July 1999
Since October 2019
Since October 2019
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Product screening and additional testing requirements
Regulation on Commercial Encryption (关于商业加密的规定)
Cryptography Law of the People's Republic of China, 2019 (中华人民共和国密码法, 2019年)
Cryptography Law of the People's Republic of China, 2019 (中华人民共和国密码法, 2019年)
Imported and exported encryption products must be certified by the Office of State Commercial Cryptography Administration (OSCCA). The use of encryption products without OSCCA certification is prohibited, regardless of the public, commercial or individual nature of use. However, it is reported that, in practice, only Chinese or Chinese-owned companies are eligible for OSCCA certification to sell, produce and carry out R&D for encryption technology in China, as well as to gain product licensing. Foreign or foreign-owned companies, even if based in China, are excluded. In 2007, OSCCA started to consider products such as Trusted Platform Module (used in computers) or smartcards (used in banking, insurance, health, transport, etc.) as core encryption products. As a result, such products could no longer be produced or sold by foreign or foreign-invested companies.
Under the Cryptography Law, the import and export of commercial encryption products, technologies and services remain subject to government approval. Commercial encryption products that may affect national security and public interest and have encryption-based protective functions can only be imported under a permit. The Ministry of Commerce, together with the OSCCA and the General Administration of Customs, will issue catalogues of commercial encryption products that are subject to the above import permit and export controls. The requirements above will not apply to commercial encryption used in "products for consumption by the general population". However, the cryptography law does not define the term, leaving it unclear how this will be implemented in practice.
The Cryptography Law has removed the requirement for mandatory certification and has instead established a voluntary certification scheme, which encourages manufacturers to apply to qualified agencies for the testing and certification of their commercial encryption products. The products in the Product Catalogue will no longer be subject to mandatory approval requirements before they are launched. The product catalogue includes smart password keys, smart IC cards, ATM application systems, security authentication, and financial data encryption machines, among others.
Under the Cryptography Law, the import and export of commercial encryption products, technologies and services remain subject to government approval. Commercial encryption products that may affect national security and public interest and have encryption-based protective functions can only be imported under a permit. The Ministry of Commerce, together with the OSCCA and the General Administration of Customs, will issue catalogues of commercial encryption products that are subject to the above import permit and export controls. The requirements above will not apply to commercial encryption used in "products for consumption by the general population". However, the cryptography law does not define the term, leaving it unclear how this will be implemented in practice.
The Cryptography Law has removed the requirement for mandatory certification and has instead established a voluntary certification scheme, which encourages manufacturers to apply to qualified agencies for the testing and certification of their commercial encryption products. The products in the Product Catalogue will no longer be subject to mandatory approval requirements before they are launched. The product catalogue includes smart password keys, smart IC cards, ATM application systems, security authentication, and financial data encryption machines, among others.
Coverage Encryption products
Sources
- https://web.archive.org/web/20220122205106/http://www.lexology.com/library/detail.aspx?g=c20a0a51-a667-417a-8e96-c473b1eecfaf
- https://web.archive.org/web/20231208065421/https://www.insideprivacy.com/data-security/china-enacts-encryption-law/
- https://web.archive.org/web/20240305082257/https://www.oscca.gov.cn/sca/xwdt/2020-05/11/content_1060749.shtml
- https://web.archive.org/web/20230308131417/http://www.npc.gov.cn/npc/c30834/201910/6f7be7dd5ae5459a8de8baf36296bc74.shtml
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CHINA
Since 2009
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Restrictions on encryption standards
WAPI Wireless Local Area Network (WLAN) Standard WAPI (无线局域网 (WLAN) 标准)
It is reported that a locally developed encryption standard (WAPI) is required to be used in all wireless equipment despite the existing international standard IEEE 802.11i.
Coverage Wi-Fi enabled devices
CHINA
Since July 1999
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Restrictions on encryption standards
Regulation on Commercial Encryption (关于商业加密的规定)
Without a sales certificate provided by China’s National Commission on Encryption Code Regulations (NCECR), it is illegal to sell products using Commercial Encryption Codes (CEC). It is also prohibited to use CEC products not certified by the NCECR. The public promotion and/or exhibition of CEC products must be reported to and approved by the NCECR in advance.
To obtain the certificate, the company must fulfil three requirements:
- They must be staffed with personnel who are knowledgeable in CEC product information and capable of providing post‑sales services;
- They must be able to provide full sales services and be equipped with safety regulations;
- They must also have the rights of an independent juridical unit.
To obtain the certificate, the company must fulfil three requirements:
- They must be staffed with personnel who are knowledgeable in CEC product information and capable of providing post‑sales services;
- They must be able to provide full sales services and be equipped with safety regulations;
- They must also have the rights of an independent juridical unit.
Coverage Encryption products
CHINA
Since July 2016, entry into force in November 2016, last amended in November 2022
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Interim Measures for the Administration of Online Taxi Booking Business Operations and Services (网络预约出租汽车经营服务管理暂行办法)
China instituted a licensing system for online taxi companies, which requires that personal information and business data be stored and used in mainland China and not transferred outside of China. Such information should be retained for two years, except when otherwise required by other laws and regulations. The Measurement also requires that taxi companies' servers be set up in Mainland China, with a network security management system and technical measures for security protection in compliance with regulations.
Coverage Online taxi sector
Sources
- https://web.archive.org/web/20151114202650/http://www.ft.com/cms/s/0/d08338b6-6fde-11e5-ad6d-f4ed76f0900a.html
- https://web.archive.org/web/20200103063359/http://www.cnbc.com/2016/07/28/uber-didi-hail-chinas-new-taxi-app-rules.html
- https://web.archive.org/web/20220120180804/https://thelawreviews.co.uk/title/the-privacy-data-protection-and-cybersecurity-law-review/china
- https://web.archive.org/web/20230203061015/http://www.gov.cn/xinwen/2016-07/28/content_5095584.htm
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CHINA
Since December 2015, entry into force in January 2016
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Map Management Regulations (地图管理条例)
According to the Map Management Regulations, online maps are required to set up their server inside of the country, and an official certificate must be required.
Coverage Maps services
Sources
- https://web.archive.org/web/20190812172829/https://www.citylab.com/equity/2015/12/china-cracks-down-on-politcally-incorrect-maps/421032/
- https://web.archive.org/web/20171105173843/http://shanghaiist.com/2015/12/17/dont_get_caught_with_wrong_maps.php
- https://web.archive.org/web/20220205220322/http://www.businessinsider.com/companies-must-keep-map-data-on-servers-within-chinas-borders-2015-12?IR=T
- https://web.archive.org/web/20190319091120/http://english.gov.cn/policies/latest_releases/2015/12/14/content_281475253904932.htm
- https://web.archive.org/web/20241202145504/https://www.global-regulation.com/translation/china/3024692/map-regulations.html
- https://web.archive.org/web/20220207175703/http://www.gov.cn/zhengce/content/2015-12/14/content_10403.htm
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CHINA
Since 2000
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Import ban applied on ICT goods or online services
State Monopoly on Imports and Distribution of Multimedia Products (国家对多媒体产品的进口和分销实行垄断)
China's General Administration of Press and Publications agency selects which publications and audiovisual products may enter China, while the State Administration on Radio, Film, and Culture and the Ministry of Culture review various media. Additionally, China's Ministry of Culture selects which entities may import finished audiovisual products. This effective monopoly on the import and distribution of multimedia products means that China tightly restricts the import of cultural media into the country, including reading materials (e.g. newspapers, periodicals, electronic publications), audiovisual home entertainment products (e.g. video, compact discs, digital video discs), sound recordings (e.g. recorded audio tapes), and films for theatrical release. These measures have been the focus of a WTO investigation launched by the United States in 2007 (DS363). The panel ruled in favour of the complainant, deeming that China had not adequately substantiated its defence, which concerned the need to protect public morals. In total, the panel found 29 WTO violations throughout various Chinese regulations, catalogues, rules, opinions, and legal instruments. Rather than fully implementing the panel's recommendations, China and the US reached a memorandum of understanding via a negotiated settlement. Many of the associated laws remain in place, and their influence is amplified by provincial and local-level regulations that cite them.
Coverage Media sector
Sources
- https://web.archive.org/web/20231111032616/https://www.wto.org/english/tratop_e/dispu_e/cases_e/1pagesum_e/ds363sum_e.pdf
- https://web.archive.org/web/20211025231353/https://www.mjilonline.org/wordpress/wp-content/uploads/2015/04/35-3_Paper-Compliance-How-China-Implements-WTO-Decisions.pdf
- https://web.archive.org/web/20230726111316/http://www.gov.cn/gongbao/content/2000/content_60500.htm
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CHINA
Since January 2019
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Import ban applied on ICT goods or online services
MOFCOM Notice No. 106/2018 (商务部第106/2018号公告)
In December 2018, the Ministry of Commerce (MOFCOM) and the General Administration of Customs issued the adjusted catalogue of used mechanical and electrical products prohibited from import, effective from January 2019. The adjusted catalogue includes video recorders, sound recorders or playback equipment using semiconductor media, disc-type broadcast video recorders, and colour LCD monitors that can be directly connected and designed for automatic data processing equipment.
Coverage Certain mechanical and electrical products
Sources
- https://web.archive.org/web/20220219071947/https://home.kpmg/cn/en/home/insights/2019/01/customs-policy-update-1812.html
- https://web.archive.org/web/20240206092848/http://www.mofcom.gov.cn/article/b/e/201812/20181202821859.shtml
- https://web.archive.org/web/20210228065217/http://images.mofcom.gov.cn/wms/201812/20181229183638730.pdf
- https://docs.wto.org/dol2fe/Pages/FE_Search/DDFDocuments/251284/q/G/MAQRN/CHN5.pdf
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CHINA
Since October 2019
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Cryptography Law of the People's Republic of China, 2019 (中华人民共和国密码法, 2019年)
Under the Cryptography Law, the import and export of commercial encryption products, technologies, and services remain subject to government approval. Commercial encryption products that may affect national security and public interest and have encryption-based protective functions can only be imported under a permit. The Ministry of Commerce, the Office of State Commercial Cryptography Administration (OSCCA), and the General Administration of Customs publish catalogues of commercial encryption products subject to the above import permit and export controls. The requirements above do not apply to commercial encryption used in products for consumption by the general population. However, the cryptography law does not define the term, leaving it unclear how this is implemented in practice.
In addition, the Cryptography Law has removed the requirement for mandatory certification and has instead established a voluntary certification scheme, which encourages manufacturers to apply to qualified agencies for the testing and certification of their commercial encryption products. The products in the Product Catalogue are no longer subject to mandatory approval requirements before launching their product. The voluntary certification provides a marking that assures customers that their commercial encryption products conform with Chinese encryption standards. The product catalogue includes smart password keys, smart IC cards, ATM application systems, security authentication, and financial data encryption machines, among others.
In addition, the Cryptography Law has removed the requirement for mandatory certification and has instead established a voluntary certification scheme, which encourages manufacturers to apply to qualified agencies for the testing and certification of their commercial encryption products. The products in the Product Catalogue are no longer subject to mandatory approval requirements before launching their product. The voluntary certification provides a marking that assures customers that their commercial encryption products conform with Chinese encryption standards. The product catalogue includes smart password keys, smart IC cards, ATM application systems, security authentication, and financial data encryption machines, among others.
Coverage Encryption products and encryption software
Sources
- https://web.archive.org/web/20231208065421/https://www.insideprivacy.com/data-security/china-enacts-encryption-law/
- https://web.archive.org/web/20240305082257/https://www.oscca.gov.cn/sca/xwdt/2020-05/11/content_1060749.shtml
- https://web.archive.org/web/20230308131417/http://www.npc.gov.cn/npc/c30834/201910/6f7be7dd5ae5459a8de8baf36296bc74.shtml
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CHINA
Since September 2014
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
Notice concerning Further Implementing Regulations on the Management of Online Foreign Film and Television Dramas (关于进一步落实网上境外影视剧管理有关规定的通知)
Since September 2014, the Chinese State Administration of Radio, Film and Television (SARFT) has tightened the regulation for foreign TV and online streaming content. According to the Notice concerning Further Implementing Regulations on the Management of Online Foreign Film and Television Dramas, online platforms have to limit foreign content to 30% of the streaming content made available online.
Coverage Online Broadcast Content
Sources
- https://web.archive.org/web/20220329035525/http://www.nytimes.com/2012/02/15/world/asia/aiming-at-asian-competitors-china-limits-foreign-television.html
- https://web.archive.org/web/20211026003730/http://www.globaltradealert.org/intervention/11229
- https://web.archive.org/web/20221205114109/https://www.wsj.com/articles/china-to-tighten-limit-on-foreign-tv-and-video-imports-1447672849
- https://web.archive.org/web/20221127072301/https://www.straitstimes.com/asia/east-asia/china-plans-to-outlaw-foreign-tv-shows-in-prime-time
- https://web.archive.org/web/20221007063948/https://chinacopyrightandmedia.wordpress.com/2014/09/02/notice-concerning-further-implementing-regulations-on-the-management-of-online-foreign-film-and-telev...
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CHINA
Since July 2001, last amended in December 2023
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Export restrictions on ICT goods or online services
Announcement No. 57 of 2023 of the Ministry of Commerce and the Ministry of Science and Technology on the Announcement of the Catalogue of Technologies Prohibited or Restricted from Export from China (商务部 科技部公告2023年第57号 关于公布 (中国禁止出口限制出口技术目录) 的公告)
In December 2023, China's Ministry of Commerce (MOFCOM) and Ministry of Science and Technology (MOST), through Announcement No. 57 of 2023, published a revised Catalog of Technologies that are Prohibited or Restricted for Export, which was last updated in August 2020. Following a draft revision published for public comment in December 2022, the updated Catalog reduces the number of controlled items (requiring prior government authorizationn for export) from 164 to 134, with 34 items deleted, 4 added and 37 modified, including dual-use technologies under export control management.
The list of items prohibited for export includes technologies such as encryption and decryption software and hardware. On the other hand, among the products included in the list of restricted goods are cryptographic security technologies, countermeasure and information defense technologies, 3D and laser printing technologies, cryptographic chip design and implementation, information processing technology and basic software security enhancement technology.
The list of items prohibited for export includes technologies such as encryption and decryption software and hardware. On the other hand, among the products included in the list of restricted goods are cryptographic security technologies, countermeasure and information defense technologies, 3D and laser printing technologies, cryptographic chip design and implementation, information processing technology and basic software security enhancement technology.
Coverage Several technologies, including 3D printing, cryptographic chip design and implementation, information processing, basic software security enhancement
Sources
- https://web.archive.org/web/20240227102234/http://www.mofcom.gov.cn/zfxxgk/article/gkml/202312/20231203462079.shtml
- https://web.archive.org/web/20240313063708/https://www.cov.com/en/news-and-insights/insights/2023/12/china-revises-catalogue-of-technologies-prohibited-or-restricted-from-export#layout=card&numberOfRe...
- https://web.archive.org/web/20240305163039/http://images.mofcom.gov.cn/fms/202312/20231221153855374.pdf
- https://web.archive.org/web/20240205015147/https://www.china-briefing.com/news/technologies-subject-to-export-control-in-china-prohibited-restricted-export-catalogue/
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CHINA
Reported in 2016, last reported in 2023
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Export restrictions on ICT goods or online services
Export restrictions on rare-earths
It is reported that China imposes a set of export restrictions, including export duties and export quotas, on selected raw materials: graphite, cobalt, copper, lead, chromium, magnesia, talcum, tantalum, tin, antimony, and indium. Some of these raw materials (e.g. graphite, copper, tin, and indium) are used to produce smartphones and batteries. Export restrictions limit companies' access to these products outside China. In addition, a draft regulation on rare earths is pending approval to provide for total quota control over rare-earth mining, smelting, and separation, as well as the approval system for investment projects of rare earths.
Coverage Rare-earths
Sources
- https://web.archive.org/web/20240123154213/https://ustr.gov/sites/default/files/2023-03/2023%20NTE%20Report.pdf
- https://web.archive.org/web/20230724100625/http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds431_e.htm
- https://web.archive.org/web/20220901060816/https://www.wsj.com/articles/china-ends-rare-earth-minerals-export-quotas-1420441285
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CHINA
Reported in 2020, last reported in 2023
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Open and transparent standard-setting process
Lack of foreign participation in standard-setting
It is reported that the Chinese Government is working to improve its standards system by incorporating both government guidance and market input, moving away from a solely government-led approach. Despite this progress, foreign participation in standards setting remains limited, and China often pursues unique national standards for strategic reasons. The revised standardisation Law, effective since January 2018, includes measures recognising the value of international standards and the participation of foreign-invested enterprises. However, foreign stakeholders are concerned that these measures still prioritise Chinese standards over international ones and do not ensure equal participation for foreign companies. Reports indicate that foreign companies often face restrictions in participating in China's domestic standards-setting processes, and even when participation is allowed, it is usually under less favourable terms than for domestic competitors.
Coverage Horizontal