Legislation roundup: Equity investment, Cryptography Law and online crimes

Further reading

Expansion of Tax Incentive for Overseas Investors Investing in the PRC

Circular on Expanding the Scope of Application of the Policy of Provisional Deferral of Withholding Income Tax on Direct Investments Made by Foreign Investors Using Distributed Profits

Announcement on Issues Relevant to Expanding the Scope of Application of the Policy of Provisional Deferral of Withholding Income Tax on Direct Investments Made by Foreign Investors Using Distributed Profits

PRC Cryptography Law

中华人民共和国密码法

Governments at every level and relevant departments thereof shall abide by the principle of non-discrimination in treating commercial cryptography research and development, production, sales, servicing and import-export entities, including foreign-invested enterprises, equally in accordance with the law. The state encourages, in the course of foreign investment, cooperation in commercial encryption technologies carried out based on the principle of free will and business rules.

See the full translation.

Further reading

PRC Cryptography Law (Draft)

Cryptography Law Passed

China's first crack at a Cryptography Law

Cybersecurity

Supreme People's Court and Supreme People's Procuratorate, Interpretation on Several Issues Concerning the Application of the Law in Handling Criminal Cases of Unlawful Use of Information Networks, Assisting Criminal Activities Over Information Networks, Etc.

最高人民法院、最高人民检察院关于办理非法利用信息网络、帮助信息网络犯罪活动等刑事案件适用法律若干问题的解释

Where performance of information network security management obligations is refused, resulting in the leakage of user information, and any of the following circumstances applies, the same shall be found to have caused a serious consequence as specified in Article 286 of the Criminal Law:

(1)        results in the leakage of at least 500 pieces of information on whereabouts, content of communications, credit information or property information; or

(2)        results in the leakage of at least 5,000 pieces of other user information that could affect safety of the person or property, such as accommodation information, communications records, health and physiological information and trading information.

See the full translation.

Further reading

Provisions on Several Issues Concerning the Application of the Law in the Trial of Civil Dispute Cases Involving the Use of Information Networks to Infringe Personal Rights and Interests

Clamping down on online personal data privacy

Interpretation on Several Issues Concerning the Application of the Law in Handling Cases of Using Information Networks to Commit Defamation and Other Such Criminal Offences