Database

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CHINA

Since January 2013, entry into force in March 2013
Since September 2021, entry into force in January 2022

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Order of the State Council of the People's Republic of China No. 631 (Regulation on the Administration of Credit Investigation Industry) (中华人民共和国国务院令 第631号 (征信业管理条例))

Order No. 4 [2021] of the People’s Bank of China (Measures for the Administration of Credit Reporting Services) (中国人民银行令〔2021〕第4号(征信业务管理办法))
According to Art. 24 of the ¨Regulation on the Administration of the Credit Investigation Industry¨, credit investigation institutions are required to organise, store, and process consumer and commercial data exclusively within the territory of the People’s Republic of China. Similarly, Art. 39 of the ¨Measures for the Administration of Credit Reporting Services¨ mandates that credit investigation agencies engaging in credit investigation activities within China must retain the credit information they collect within national borders.
Coverage Credit investigation institutions

CHINA

Since May 2014
Since July 2018

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Measures for the Administration for Population Health Information (Trial) (人口健康信息管理办法(试行))

Administrative Measures on Standards, Security, and Services of National Healthcare Big Data (国家健康医疗大数据标准、安全和服务管理办法(试行))
According to Art. 10 of the "Measures for the Administration of Population Health Information (Trial)", population health information must not be stored on overseas servers. These measures apply to the processing of population health information by medical, health, and family planning services. In addition, Art. 30 of the "Administrative Measures on Standards, Security, and Services of National Healthcare Big Data" stipulates that health and medical data generated within the territory of China must be stored on a secure and reliable server within China. If it is necessary to provide this data overseas due to business requirements, it will be subject to a security assessment and review in accordance with relevant laws and regulations.
Coverage Health sector

CHINA

Since March 2007, entry into force in June 2007

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
China has adopted the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

CHINA

Since August 2016

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Provisional Measures for Administration of Business Activities of Internet Lending Information Intermediaries (网络借贷信息中介机构业务活动管理暂行办法)
According to Art. 27 of the Provisional Measures for Administration of Business Activities of Internet Lending Information Intermediaries, the lender and borrower information collected within China shall be stored, processed, and analysed in China. Unless otherwise provided by laws and regulations, online lending information intermediaries shall not provide information on domestic lenders and borrowers overseas.
Coverage Online lending information intermediaries

CHINA

Since March 2007, entry into force in June 2007

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
China has adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

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

CHINA

Since July 2015

Pillar Intellectual Property Rights (IPRs)  |  Indicator Mandatory disclosure of business trade secrets such as algorithms or source code
National Security Law of the People's Republic of China (中华人民国国家安全法)
According to Art. 25 of the Chinese government’s 2015 National Security Law, all information systems in China must be "secure and controllable". As a result of this policy, it is reported that every company operating in China – whether domestic or foreign – is required to provide the Chinese government with access to its source code, encryption keys, and backdoor access to their computer networks in China.
Coverage Horizontal

CHINA

Since November 2016, entry into force in June 2017, last amended in October 2025
Since March 2024

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Cybersecurity Law of the People's Republic of China (中华人民共和国网络安全法)

Provisions on Promoting and Regulating the Cross-Border Flow of Data (促进和规范数据跨境流动规定)
Art. 39 of the Cybersecurity Law requires that personal information and important data collected or generated by operators of critical information infrastructure within mainland China be stored domestically, and allows their transfer abroad only when genuinely necessary for business purposes and subject to a security assessment conducted in accordance with measures issued jointly by the national cybersecurity and informatization authority and relevant State Council departments, unless other laws provide otherwise. Art. 33 defines critical information infrastructure to include sectors such as public communications and information services, energy, transport, water, finance, public services, and e‑government, as well as any infrastructure whose damage, loss of function, or data leakage could seriously endanger national security, public welfare, or the public interest. Art. 7 of the Provisions on Promoting and Regulating the Cross-Border Flow of Data requires data handlers to apply for a data export security assessment when critical information infrastructure operators export personal information or important data, but Art. 5 exempts certain transfers of personal information, though not important data, where the transfer is genuinely necessary for the performance of a contract, for lawful cross-border human resources management, or for emergency protection of life, health, or property. Art. 10 obliges data handlers exporting personal information to provide notice, obtain separate consent, and conduct a personal information protection impact assessment, and Art. 11 further requires them to fulfil data security obligations and adopt technical and other necessary measures to ensure the security of exported data.
Coverage Critical information infrastructure operators

CHINA

Since September 1993, entry into force in December 1993, last amended in 2025
Since November 1995, last amended in December 1998

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Law Against Unfair Competition of the People's Republic of China (中华人民共和国反不正当竞争法)

Provisions on Prohibiting Infringement of Trade Secrets (關於禁止侵犯商業秘密行為的若干規定)
The Law Against Unfair Competition of the People’s Republic of China and the Provisions on Prohibiting Infringement of Trade Secrets constitute an effective legal framework for the protection of trade secrets. In addition to these two primary instruments, the broader system governing undisclosed information and trade secrets is further supported by the Administrative Licensing Law, the Criminal Law, the Labour Law and other relevant legislation.
Despite the existence of this framework, reports indicate that significant enforcement challenges persist. These challenges include stringent evidentiary requirements, limited opportunities for discovery and difficulties in meeting the demanding conditions necessary to enforce agreements intended to safeguard trade secrets and confidential business information from misappropriation. Stakeholders also observe that securing damages awards at levels sufficient to deter infringement remains difficult. Furthermore, there are continuing concerns about the risk of unauthorised disclosure of trade secrets and confidential information by government officials and third‑party experts. This issue is considered particularly acute in sectors such as software.
Coverage Horizontal

CHINA

Since April 2018

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Measures for the Management of Scientific Data (科学数据管理办法)
According to Art. 13 of the "Measures for the Management of Scientific Data," any scientific data generated within the framework of a project supported by Chinese public funds must be collected by the entity responsible for the research project and subsequently submitted to the relevant designated scientific data centre, as specified by the Ministry of Science and Technology, for archiving and processing. Art. 14 stipulates that when scientific data produced within the framework of a project funded by Chinese public funds is to be disseminated outside China for the purpose of producing an academic paper to be published in a foreign journal, the data must first be submitted to the Chinese research institute where the author is employed. The institute’s management must approve the data before the paper can be published. The Measures also impose general obligations applicable to all scientific data, irrespective of whether they are funded by the Chinese government. Specifically, Art. 26 states that if it is necessary to provide a foreign party with scientific data related to state secrets in the context of international collaboration, the transfer of such data is subject to approval by the relevant authorities and the signing of confidentiality agreements between the parties involved in the research.
Coverage Horizontal

CHINA

Reported in 2017, last reported in 2025

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in China to deliver telecom services to end users. Moreover, passive infrastructure sharing is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector

CHINA

Since December 1998, as amended in December 2019

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Securities Law of the People's Republic of China (中华人民共和国证券法
Under Art. 177 of the Securities Law, the export of information pertaining to securities operations to overseas entities is contingent upon obtaining approval from the China Securities Regulatory Commission and other relevant authorities of the State Council.
Coverage Securities operations

CHINA

Since December 2001, entry into force in January 2002, last amended in March 2022
Since 2000, last amended in 2015

Pillar Telecom infrastructure & competition  |  Indicator Maximum foreign equity share for investment in the telecommunication sector
Administrative Provisions on Foreign-funded Telecommunications Enterprises (外商投资电信企业管理规定)

Classification Catalogue of Telecommunications Services (电信业务分类目录)
Art. 6 of the "Administrative Provisions on Foreign‑funded Telecommunications Enterprises" stipulates that, unless otherwise prescribed by the State, the aggregate equity held by foreign investor(s) in a foreign‑funded telecommunications enterprise engaged in basic telecommunications services, excluding radio paging services, may not ultimately exceed 49%, and the "Classification Catalogue of Telecommunications Services" identifies all categories of basic telecommunications services that fall within the scope of this restriction.
Coverage Basic telecommunications services

CHINA

Last reported in 2024

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
It is reported that the government holds equity stakes in several telecommunications enterprises. In particular, state ownership represents 75.15% of shares in China Telecom, 70.42% in China Mobile, 51.7% in China Unicom, and 100% in China Broadnet.
Coverage Telecommunications sector

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