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China to Regulate Commercial Cryptography

Mon, 17 Jul 2023
Categories: China Legal Trends

On 27 Apr. 2023, China’s State Council issued the revised “Regulation on the Administration of Commercial Cryptography” (hereinafter the “Regulation”, 商用密码管理条例).

Commercial cryptography refers to the technologies, products, and services that provide encryption-based protection and security certification of the information that is not state secret.

According to China’s Cryptography Law (中国密码法), the Chinese government classifies cryptography and divides it into core cryptography, ordinary cryptography, and commercial cryptography.

Core and ordinary cryptography are used to protect state secret information.

Commercial cryptography is used to secure information other than state secrets. For instance, a citizen, enterprise, or other organization may use commercial cryptography to protect cyber and information security.

According to this Regulation:

  • Commercial cryptography that involves national security, social and public interests, and has the function of encryption-based protection shall be included in the list of commercial cryptography subject to import license and be subject to import licensing.
  • Commercial cryptography that involves national security, social and public interests, or in which China undertakes international obligations shall be included in the export control list of commercial cryptography and be subject to export control.
  • Commercial cryptography used in mass consumer products is not subject to import licensing or export control.

 

 

Photo by Gbenga Onalaja on Unsplash

Contributors: CJO Staff Contributors Team

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