Database

Browse Database

CHINA

Since October 2019, entry into force in January 2020

Pillar Technical standards applied to ICT goods and online services  |  Indicator Restrictions on encryption standards
Cryptography Law of the People’s Republic of China (中华人民共和国密码法)
Art. 26 of the Cryptography Law stipulates that commercial cryptography products relating to national security, the national economy and the people’s livelihood, or the public interest, may be sold or otherwise made available for use only after passing testing and certification conducted by duly qualified bodies. Art. 27 further requires that, where operators of critical information infrastructure procure network products or services incorporating commercial cryptography that may affect national security, such products or services must undergo a national security review conducted jointly by the national cyberspace administration, the national cryptography administration, and other relevant authorities. Art. 28 provides that the department responsible for commerce under the State Council, together with the national cryptography administration, shall impose import licensing requirements, in accordance with the law, on commercial cryptography possessing encryption functions and bearing upon national security or the public interest; however, such licensing is not to apply to commercial cryptography used in mass‑consumption products. The legislation does not, however, clarify what constitutes commercial cryptography used in mass‑consumption products, thereby generating uncertainty as to how this significant exemption will operate in practice.
More generally, it is reported that there are onerous requirements on the use of encryption, including intrusive approval processes and, in many cases, mandatory use of indigenous encryption algorithms (e.g., for Wi-Fi and 4G cellular products).
Coverage Horizontal

CHINA

Since April 2009, entry into force in October 2009

Pillar Online sales and transactions  |  Indicator Licensing scheme for e-commerce providers
Postal Law of the People's Republic of China (中华人民共和国邮政法)
According to Art. 51 of the Postal Law of the People's Republic of China, a specific license is needed for express delivery business. It is reported that the administrative licensing for express delivery services is non-transparent and burdensome, preventing competition. It is reported that as companies are required to apply to each city where there is a postal administration department, they need to go through at least 350 review and approval processes if they want to operate at the national level.
Coverage Express delivery services

CHINA

Since August 2018, entry into force in January 2019

Pillar Online sales and transactions  |  Indicator Licensing scheme for e-commerce providers
E-Commerce Law of the People’s Republic of China (中华人民国电子商务法)
China's first comprehensive legislation regulating e-commerce came into effect in January 2019. According to Art. 9, the law applies to all "e-commerce operators," including all individuals and legal entities selling goods and/or providing services on the Internet or other information networks. This includes operators of e-commerce platforms, sellers of goods and services on the e-commerce platforms of others, and those who operate their own websites or through other network services. The law is reported to extend to non-traditional shopping channels, including social media and messaging services, such as WeChat, and streaming sites, such as Douyin. According to Arts. 10-14, all e-commerce operators are obliged to obtain business licenses, register with the tax authorities, and ensure that information on their business and administrative licenses related to their business services is displayed online in a readable form at all times.
Coverage E-commerce sector

CHINA

Since 2000

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator 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

CHINA

Since January 2019

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator 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

CHINA

Since October 2019

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Cryptography Law of the People’s Republic of China (中华人民共和国密码法)
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.
Coverage Encryption products and encryption software

CHINA

Since September 2014

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator 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

CHINA

Since July 2001, last amended in July 2025

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Export restrictions on ICT goods or online services
Chinese Catalogue of Technologies Prohibited or Restricted from Export (中国禁止出口限制出口技术目录)
The section of the "Chinese Catalogue of Technologies Prohibited or Restricted from Export" that concerns technologies prohibited from export encompasses technologies related to the manufacture of electronic equipment, as well as telecommunications and satellite transmission services. The section concerning technologies restricted from export similarly includes items from these categories, but additionally covers technologies associated with internet and related services, together with software and information technology services.
Coverage Technologies related to the manufacture of electronic equipment, telecommunications and satellite transmission services, internet and related services, and software and information technology services

CHINA

Reported in 2025

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Export restrictions on ICT goods or online services
Reported restrictions on critical material exports
It is reported that, citing national security considerations, China introduced two successive rounds of export controls on rare‑earth elements in April and October 2025, with the implementation of the second round suspended until November 2026. On 4 April 2025, China imposed export controls on seven heavy rare‑earth elements subject to licensing requirements, together with all related compounds, metals and magnets, and exporters are required to obtain a licence and disclose information regarding end users, which some firms view as commercially sensitive and which many exporters consider to be handled through an intentionally opaque, selective and slow process. A second wave of restrictions on 9 October 2025 extended the controls to a further five rare‑earth elements, associated products, equipment, technologies and specialist personnel expertise, thereby broadening the regime beyond physical goods to encompass technological know‑how and foreign‑made products incorporating Chinese inputs. Under these expanded rules, foreign firms would be required to obtain authorisation to export magnets containing even trace quantities (0.1%) of Chinese‑sourced rare‑earth elements or magnets manufactured using Chinese mining, processing or magnet‑making technologies.
Coverage Rare-earth elements

CHINA

Reported in 2020, last reported in 2025

Pillar Technical standards applied to ICT goods and online services  |  Indicator 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

CHINA

Since January 1996
Since June 2001
Since August 2003

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
State Radio Regulation of China (SRRC) (无线电设备型号核)

Network Access License (NAL) (进网许可证)

China Compulsory Certification (CCC) Requirement (中国强制认证(CCC)要求)
China’s current certification requirements for telecommunications equipment are reported to conflict with its WTO obligations of limiting imported products to no more than one conformity assessment scheme and requiring the same mark for all products (Article 13.4.a of China’s WTO Accession).
China has three different licensing regimes: the State Radio Regulation of China (SRRC), the Network Access License (NAL) and the China Compulsory Certification (CCC). The CCC is required for a list of products that includes many types of IT products, such as video and audio equipment. The NAL is required for all telecommunications equipment in China. The NAL license requires extensive testing and support and may include network trials and review of the product by a local panel of experts, in addition to labouratory testing against China's national standards. Radio communication equipment intended to be marketed in China requires radio-type approval granted by the Ministry of Industry and Information Technology of the People’s Republic of China (MIIT)’s ‘State Radio Regulation Committee (SRRC). Specified equipment samples are tested in designated labouratories according to local Chinese standards.
Therefore, for a given piece of equipment, it can cost between USD 30,000-35,000 to test for all three licenses (SRRC, NAL, and CCC). The CCC mark is used for both Chinese and foreign products. Moreover, all testing for the CCC mark must be conducted in China, and US exporters are often required to submit their products to Chinese labouratories for additional tests.
The CCC certificate and permission to print the CCC mark must be renewed annually as part of a follow-up certification. Part of the follow-up certification is also a one-day factory audit.
China is also reported as having limitations on foreign -invested conformity assessment bodies in the country.
Coverage Electrical and ICT goods
Sources

CHINA

Since June 2007
Since December 2019
Since December 2019
Since December 2019

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Administrative Measures for the Multi-level Protection of Information Security

Information Security Technology - Baseline for Cybersecurity Classification Protection (GB/T 22239-2019)

Information Security Technology - Technical Requirements of Security Design for Cybersecurity Classification Protection (GB/T 25070-2019)

Information Security Technology - Evaluation Requirements for Cybersecurity Classification Protection (GB/T 28448-2019).
The Administrative Measures for the Multi-level Protection of Information Security (MLPS) require all IT systems in China to be classified into different levels of security, from one to five (with the most sensitive systems designated as level 5). In 2019, the MLPS 2.0 (composed by GB/T 22239-2019, GB/T 25070-2019, and GB/T 28448-2019) has expanded the definition of 'information systems' to broader systems, including network infrastructure, cloud computing systems, mobile application platforms, connected devices and industrial control systems.
The MLPS 2.0 requires networks of level 3 and above to adopt network products and services appropriate to their security protection levels. Under the MLPS 2.0, companies must self-assess their security management and compliance, and such assessment results must be evaluated and endorsed by the MLPS regulatory body.
The MLPS 2.0 requires companies in China to set up their cloud infrastructure, including servers, virtualised networks, software, and information systems. Such cloud infrastructures are subject to testing and evaluation by the Chinese government. Overseas operation and maintenance of Chinese cloud computing platforms must also follow Chinese laws and regulations. The national standards also state that customers' data and users' personal information processed by cloud service providers should be stored inside China, which is an additional requirement. It is currently uncertain how these national standards would be enforced, and there have not yet been reports of enforcement.
Coverage Information systems including network infrastructure, cloud computing systems, mobile application platforms, connected devices and industrial control systems
Sources

CHINA

Since July 2015

Pillar Technical standards applied to ICT goods and online services  |  Indicator Product screening and additional testing requirements
National Security Law of the People's Republic of China (中华人民国国家安全法)
The National Security Law foresees the rollout of a “secure and controllable” internet infrastructure. Under the National Security Law, the State can establish national security review and oversight management systems and mechanisms, conduct a national security review of foreign commercial investment, special items and technologies, internet information technology produces and services, projects involving national security matters, as well as other major matters and activities, that impact or might impact national security.
Coverage Horizontal

CHINA

Since February 1996
Sine June 2017

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Provisional Regulation of the People’s Republic of China for the Administration of International Networking of Computer Information Networks (中华人民共和国计算机信息网络国际联网管理暂行规定)

Provisions on Administrative Law Enforcement Procedures for Internet Information Content Management (互联网信息内容管理行政执法程序规定)
According to Art. 6 of the Interim Provisions of the People's Republic of China on the Management of International Networking of Computer Information Networks, computer information networks for direct international networking must use the international channels provided by the national public telecommunications network of the Ministry of Posts and Telecommunications. No unit or individual may establish or use other channels for international networking on their own. The public security authorities may issue a warning and impose a fine of up to RMB 15,000 (USD 2,200) on anyone who violates this provision. In addition, institutions or individuals are not allowed to use the international network to endanger national security, divulge state secrets, infringe upon national, social, and collective interests and the legitimate rights and interests of citizens, or engage in illegal and criminal activities. Institutions and individuals engaged in international networking services are required to file procedures in designated public security agencies within 30 days of the connection and accept the security supervision, inspection, and guidance of the public security authorities; for those who violate the measures, individuals and institutions can be fined in serious cases. The Provisions on Administrative Law Enforcement Procedures for Internet Information Content Management set out the procedural and administrative processes for the Cyberspace Administration of China to enforce the laws and regulations relating to Internet content.
Coverage Internet access

CHINA

Since January 2017

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Circular on Clearing up and Regulating the Internet Access Service Market (工业和信息化部关于清理规范互联网网络接入服务市场的通知)
The Circular on Clearing up and Regulating the Internet Access Service Market imposes government approval for telecom and Internet access providers to set up or rent a VPN. There are reports since 2017 that VPNs have been shut down, and individuals who set up or use VPNs have been punished.
Coverage VPNs

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