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On June 10, 2021, the Data Security Law of the People's Republic of China is promulgated by the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China, effective September 1, 2021.2021610202191
Highlights are as follows:
Data Security System
* The State establishes a data classification and hierarchical protection system to protect data by classification and level, depending on the importance of the data in economic and social development, and the damage caused to national security, public interests, or the legitimate rights and interests of individuals and organizations if the data is falsified, damaged, disclosed, illegally obtained or illegally used. The national data security coordination mechanism shall coordinate the relevant departments to formulate catalogs of important data, and strengthen the protection of important data.
* The State establishes a data security review system, under which data processing activities that affect or may affect national security shall be reviewed for national security.A decision on security review made in accordance with the law shall be final.* The State exercises export control over the data which falls under controlled items and is related to the safeguarding of national security and interests and the fulfillment of international obligations in accordance with the law.

* Where any country or region takes any discriminatory prohibitive or restrictive measure or other similar measure against the People's Republic of China in respect of investment or trade related to data and data development and utilization technology, the People's Republic of China may take reciprocal measures against such country or region in light of the actual circumstances.
Obligations for Data Security Protection
 *  Whoever carries out data processing activities shall establish a sound data security management system throughout the whole process, organize data security education and training, and take corresponding technical measures and other necessary measures to ensure data security, in accordance with the provisions of laws and regulations. To carry out data processing activities by making use of the Internet or any other information network, the aforesaid obligations for data security protection shall be performed on the basis of the graded protection system for cyber security.
* The Cyber Security Law of the People's Republic of China shall apply to the security management for the cross-border transfer of important data collected and produced during operation by key information infrastructure operators within the territory of the People's Republic of China; and the administrative measures for the security management for the cross-border transfer of important data collected and produced during operation by other data processors within the territory of the People's Republic of China shall be formulated by the state cyberspace administration in concert with the relevant departments under the State Council. 
* Any organization or individual shall collect data by lawful and proper means and shall not acquire data by theft or other illegal means.Where laws and administrative regulations provide for the purposes and scope of data collection and use, the data shall be collected and used for the purposes and within the scope prescribed by such laws and administrative regulations.* In the provision of services, an institution engaged in data transaction intermediary services shall require the data provider to explain the data source, examine the identities of both parties to the transaction, and keep the examination and transaction records.
* The competent authorities of the People's Republic of China shall, in accordance with the relevant laws and the international treaties and agreements concluded or acceded to by the People's Republic of China or on the principle of equality and mutual benefit, handle the requests made by foreign judicial or law enforcement authorities for the provision of data. No organization or individual within the territory of the People's Republic of China may provide foreign judicial or law enforcement authorities with the data stored within the territory of the People's Republic of China without the approval of the competent authorities of the People's Republic of China.


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Legal Update! Data Security Law of the PRCR

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You may also feel interested in:Part-time Jobs & Internships for Foreigners
Can my Ex-employer Use my Portrait in Marketing Material?


On June 10, 2021, the Data Security Law of the People's Republic of China is promulgated by the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China, effective September 1, 2021.2021610202191
Highlights are as follows:
Data Security System
* The State establishes a data classification and hierarchical protection system to protect data by classification and level, depending on the importance of the data in economic and social development, and the damage caused to national security, public interests, or the legitimate rights and interests of individuals and organizations if the data is falsified, damaged, disclosed, illegally obtained or illegally used. The national data security coordination mechanism shall coordinate the relevant departments to formulate catalogs of important data, and strengthen the protection of important data.
* The State establishes a data security review system, under which data processing activities that affect or may affect national security shall be reviewed for national security.A decision on security review made in accordance with the law shall be final.* The State exercises export control over the data which falls under controlled items and is related to the safeguarding of national security and interests and the fulfillment of international obligations in accordance with the law.

* Where any country or region takes any discriminatory prohibitive or restrictive measure or other similar measure against the People's Republic of China in respect of investment or trade related to data and data development and utilization technology, the People's Republic of China may take reciprocal measures against such country or region in light of the actual circumstances.
Obligations for Data Security Protection
 *  Whoever carries out data processing activities shall establish a sound data security management system throughout the whole process, organize data security education and training, and take corresponding technical measures and other necessary measures to ensure data security, in accordance with the provisions of laws and regulations. To carry out data processing activities by making use of the Internet or any other information network, the aforesaid obligations for data security protection shall be performed on the basis of the graded protection system for cyber security.
* The Cyber Security Law of the People's Republic of China shall apply to the security management for the cross-border transfer of important data collected and produced during operation by key information infrastructure operators within the territory of the People's Republic of China; and the administrative measures for the security management for the cross-border transfer of important data collected and produced during operation by other data processors within the territory of the People's Republic of China shall be formulated by the state cyberspace administration in concert with the relevant departments under the State Council. 
* Any organization or individual shall collect data by lawful and proper means and shall not acquire data by theft or other illegal means.Where laws and administrative regulations provide for the purposes and scope of data collection and use, the data shall be collected and used for the purposes and within the scope prescribed by such laws and administrative regulations.* In the provision of services, an institution engaged in data transaction intermediary services shall require the data provider to explain the data source, examine the identities of both parties to the transaction, and keep the examination and transaction records.
* The competent authorities of the People's Republic of China shall, in accordance with the relevant laws and the international treaties and agreements concluded or acceded to by the People's Republic of China or on the principle of equality and mutual benefit, handle the requests made by foreign judicial or law enforcement authorities for the provision of data. No organization or individual within the territory of the People's Republic of China may provide foreign judicial or law enforcement authorities with the data stored within the territory of the People's Republic of China without the approval of the competent authorities of the People's Republic of China.


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