China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

China Revises Cybersecurity Review Measures, Adding Procedures for Overseas Listings of Chinese Online Platform Operators

Wed, 02 Feb 2022
Categories: China Legal Trends

On 28 Dec. 2021, the Cyberspace Administration of China and other departments jointly revised and released the “Cybersecurity Review Measures” (hereinafter “the Measures”, 网络安全审查办法). The Measures shall come into effect on 15 Feb. 2022.

The Measures was originally promulgated in May 2020. Based on the 2020 Edition, the 2021 Revision adds the review requirements regarding overseas listings of Chinese online platform operators.

The Measures requires that online platform operators holding personal information of more than one million users and new listing on foreign markets must report for cybersecurity review with the Cybersecurity Review Office.

If the operator’s listing brings about risks that critical information infrastructure, core data, important data, or large amounts of personal information are affected, controlled, or maliciously used by foreign governments as well as network information security risks, it will be subject to a focused assessment in the cybersecurity review process.

There may be any of the following three cases after reporting for cybersecurity review: first, no review is required; second, if the review is initiated and it is determined upon the study that such listing does not affect the national security, the overseas listing procedures may be continued; third, if the review is initiated and it is determined upon the study that such listing affects the national security, the overseas listing may not be allowed.

 

 

Cover Photo by Aki on Unsplash

Contributors: CJO Staff Contributors Team

Save as PDF

Related laws on China Laws Portal

You might also like

SPC Publishes Typical Cases on Public Security Crimes

In April 2024, China's Supreme People's Court (SPC) released five typical cases illustrating crimes against public security, emphasizing clarifications on trial criteria and sentencing principles, featuring a case involving serious injuries from objects thrown off a high-rise building.

Beijing Court Upholds Workers' Right to Offline Rest

The Beijing No. 3 Intermediate People's Court ruled that workers are entitled to overtime pay for “invisible overtime work” conducted via social media outside of working hours, protecting their right to “offline rest”.

China Revises State Secrets Protection Law

China’s national legislature, the National People’s Congress, revised the State Secrets Protection Law to enhance information classification, secrecy in technological innovation, and precise protection of state secrets, effective May 1, 2024.