Questions and Answers on the PRC Cybersecurity Law

《网络安全法》答问

September 16, 2017 | BY

Susan Mok &clp articles &

Published: May 31 2017 Main contents: The Cybersecurity Law specifies that “the personal information and important data collected and generated…

Promulgated: 2017-05-31

Published: May 31 2017

Main contents: The Cybersecurity Law specifies that “the personal information and important data collected and generated by an operator of critical information infrastructure in the course of its operations in the People's Republic of China shall be stored in China”. According to the Q&A issued by the Cyberspace Administration of China, the provision sets forth requirements for operators of critical information infrastructure, not for all network operators.

It is not all data, being limited only to personal information and important data, and the important data here is in respect of the state, not enterprises or individuals.

With respect to data that genuinely needs to be transferred abroad, the law makes systemic arrangements, and if, following a security evaluation, they are deemed not to jeopardize national security or the public interest, they may be transferred abroad.

Personal information may be sent abroad subject to the consent of the subject of the personal information. It should be noted in particular that when an international long-distance call is made, an international e-mail is sent, a cross-border purchase is made through the internet or other act is done of the individual's own volition, the consent of the subject of the personal information is deemed to have been given.

The Cybersecurity Law also promotes secure and dependable network products and services. The Q&A explains that “secure and dependable” is the same as independent and controllable, and secure and controllable, which includes at least ensuring that users can control data and systems, and have the right to choose.

published:2017-05-31

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