Database

Browse Database

CHINA

Since November 2000

Pillar Domestic data policies  |  Indicator Minimum period for data retention
Provisions for the Administration of Internet Electronic Bulletin 《互联网电子公告服务管理规定》
The Provisions for the Administration of Internet Electronic Bulletin apply to electronic bulletin services, which refer to electronic bulletin boards, electronic whiteboards, electronic forums, internet chat rooms, message boards, and other forms of interactive behaviour characterised by the provision of information dissemination for online customers.
The electronic bulletin service provider must record all information content published in the electronic bulletin service system, including the internet access time, user account, Internet address or domain name, caller's phone number, and other information. Such records must be kept for 60 days and provided to the relevant state authority when inquiries are made according to the law.
Coverage Electronic bulletin services

CHINA

Since August 2021, entry into force in November 2021

Pillar Domestic data policies  |  Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Personal Information Protection Law (个人信息保护法)
According to Art. 52 of the Personal Information Protection Law, if the volume of personal information processed reaches a threshold established by the Cyberspace Administration of China, the entity responsible for handling this data is required to appoint a personal information protection officer. However, it has been reported that the specific volume of personal information that would meet this threshold has yet to be determined. Furthermore, Art. 53 of the Law mandates that organisations established outside the borders of China must establish a dedicated entity or appoint a representative within China to oversee matters related to the personal information they process.
Coverage Horizontal

CHINA

Since August 2021, entry into force in November 2021

Pillar Domestic data policies  |  Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Personal Information Protection Law (个人信息保护法)
Under Art. 55 of the Personal Information Protection Law, a personal information handler must conduct a personal information protection impact assessment prior to: processing sensitive personal information; using personal information in automated decision-making; engaging an entrusted party to process personal information on the personal information handler's behalf; providing personal information to another personal information handler; disclosing personal information to the public; transferring personal information outside of China; or any processing activity that will have a material impact on the personal rights and interests of an individual. The personal information protection impact assessment must specify: whether the purpose(s) and method(s) of processing are lawful, legitimate, and necessary; the impact of the processing on individuals' rights and interests, and the level of risk involved; and whether the protective measures undertaken are lawful, effective, and commensurate to the degree of such risk.
Coverage Horizontal

CHINA

Since October 2020

Pillar Domestic data policies  |  Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Amendment to the Information Security Technology – Personal Information Security Specification (GB/T 35273-2020) (信息安全技术-个人信息安全规范) (GB/T 35273-2020) 修正案)
The 2020 Personal Information Security Specification provides that personal information controllers shall appoint a person and a department responsible for personal information (PI) protection. The person responsible for PI protection must have relevant management experience and personal information protection expertise, participate in important decisions on personal information processing activities, and report directly to the principal of the organization.
Coverage Horizontal

CHINA

Since November 2016, entry into force in June 2017

Pillar Domestic data policies  |  Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Cybersecurity Law (网络安全法)
Art. 21 of the Cybersecurity Law requires network operators to appoint persons in charge of cybersecurity. Critical information infrastructure operators (CIIO) are also required to set up specialised security management bodies and persons responsible for security management. Further, CIIO's must conduct security background checks on those responsible persons and personnel in critical positions.
Coverage Horizontal

CHINA

Since June 2021, entry into force in September 2021

Pillar Domestic data policies  |  Indicator Requirement to allow the government to access personal data collected
Data Security Law of the People’s Republic of China (中华人民共和国数据安全法)
Art. 35 of the Data Security Law stipulates that where public security or national security authorities need to consult any data in order to safeguard national security or investigate a crime, the relevant organizations and individuals must provide such data. The same article stipulates that before getting access to the data held by private organizations, public security or national security authorities must go through strict approval formalities in advance.
Coverage Horizontal

CHINA

Since April 2023, entry into force in July 2023

Pillar Domestic data policies  |  Indicator Requirement to allow the government to access personal data collected
Counter-espionage Law of the People's Republic of China (中华人民共和国反间谍法)
The Counter-espionage Law of the People's Republic of China permits security authorities to inspect the baggage, electronic devices and facilities of individuals suspected of espionage and obliges logistics and telecommunications companies in China to provide “technical support” to fight espionage (Art. 41). It is reported that the Law’s broad definition of agents may offer an avenue to justify gathering data from foreign firms and their employees while they conduct business in China. This could reportedly give the Chinese authorities access to sensitive company data or trade secrets under the guise of preventing foreign cyber espionage.
Coverage Horizontal

CHINA

Since December 2015, entry into force in January 2016, last amended in April 2018

Pillar Domestic data policies  |  Indicator Requirement to allow the government to access personal data collected
Counterterrorism Law of the People's Republic of China (中华人民共和国反恐怖主义法)
Art. 18 of the Counterterrorism Law requires Internet service providers and the telecommunication sector to “provide technical support and assistance, such as technical interface and decryption, to support the activities of the public security and state security authorities in preventing and investigating terrorist activities.”
Coverage Internet service providers and telecommunication sector

CHINA

Since September 2018

Pillar Domestic data policies  |  Indicator Requirement to allow the government to access personal data collected
Provisions for the Supervision and Inspection of Network Security by Public Security Agencies (公安机关互联网安全监督检查规定)
The Provisions for the Supervision and Inspection of Network Security by Public Security Agencies authorise local law enforcement agencies to conduct remote or onsite inspections of the businesses under their supervision. Inspections must ensure compliance with general regulatory obligations on all businesses under the Cybersecurity Law or specific obligations applicable to internet service providers, including, but not limited to, the implementation of technical measures for network security and data protection that comply with national standards. During such an inspection, law enforcement agencies can physically enter business sites and machine rooms, review and copy relevant information and assess the operational conditions and effectiveness of the technical measures taken by the company to safeguard the security of networks and information.
Coverage Internet service providers

CHINA

Since September 2000

Pillar Domestic data policies  |  Indicator Requirement to allow the government to access personal data collected
People’s Republic of China State Council Decree No. 292 - Internet Information Service Management Measures (中华人民共和国国务院令第 292 号 - 互联网信息服务管理办法)
According to Art. 14 of Decree No. 292, ISPs must provide user information to the authorities upon request, without judicial oversight.
Coverage Internet service providers

CHINA

N/A

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in China's law and jurisprudence. A safe harbour defence for internet intermediaries providing hosting services is spelt out in the Guiding Framework on Protection of Copyright for Network Dissemination (Art. 14-17, 22). The hosting defence established in Art. 22, only applies to service providers who host third-party materials. However, Art. 36 of the Tort Law of the People's Republic of China states that a "network service provider" shall assume the tort liability if it infringes "upon the civil right or interest of another person."
Furthermore, the Tort Law allows victims of the tort to notify the network service provider to demand the deletion, blocking or disconnection of the cause of infringement. Failing to do so can lead to further liability for the network provider in the event of further harm to the user. Finally, liability can be further increased in the event that the network service provider knew of the infringement but did not take action.
Coverage Internet intermediaries
Sources

CHINA

Since October 2020

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Amendment to the Information Security Technology – Personal Information Security Specification (GB/T 35273-2020) (信息安全技术-个人信息安全规范》(GB/T 35273-2020)修正案)
Section 9.2.i of the 2020 Specification provides that where personal biometric information must not be shared or transferred unless actually essential for business needs, in which case the personal information subject must be separately informed of the purpose, types of biometrics involved, identification of the recipient and its data security capacity and the personal information subject consent must be explicitly obtained.
Coverage Horizontal

CHINA

N/A

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability beyond copyright infringement is absent in China's law and jurisprudence. A safe harbour defence for internet intermediaries providing hosting services is spelt out in the Guiding Framework on Protection of Copyright for Network Dissemination (Art. 14-17, 22). The hosting defence established in Art. 22, only applies to service providers who host third-party materials. However, Art. 36 of the Tort Law of the People's Republic of China states that a "network service provider" shall assume the tort liability if it infringes "upon the civil right or interest of another person."
Furthermore, the Tort Law allows victims of the tort to notify the network service provider to demand the deletion, blocking or disconnection of the cause of infringement. Failing to do so can lead to further liability for the network provider in the event of further harm to the user. Finally, liability can be further increased in the event that the network service provider knew of the infringement but did not take action.
Coverage Internet intermediaries
Sources

CHINA

Since July 2016, entry into force November 2016, last amended in November 2022

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
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 should be stored and used in mainland China and must not be transferred outside of China (Art. 27 of the Interim Measures for the Administration of Online Taxi Booking Business Operations and Services). Such information should be retained for two years, except when otherwise required by other laws and regulations. The Measurement also states that taxi companies' servers should be set up in Mainland China, with a network security management system and technical measures for security protection in compliance with regulations (Art. 5.2).
Coverage Online taxi sector

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