Cyber legislation framework takes shape in China

Updated: 2023-03-30

Since the 18th National Congress of the Communist Party of China, the National People's Congress (NPC) and its Standing Committee have made concrete efforts to promote cyber legislation. A preliminary and relatively complete cyber legislation framework has taken shape, providing legal protection for the sustained and healthy development of the internet.

Five specialized cyber laws have been formulated in the past decade.

The Cybersecurity Law enacted in 2016 stipulates the real-name registration system and institutional measures for ensuring security of online products and services, network operation and critical information infrastructure.

The Electronic Commerce Law promulgated in 2018 comprehensively regulates e-commerce business behaviors and clarifies the responsibilities of e-commerce platform operators and business owners on the platforms to maintain fair market competition order, strengthens protection of consumers’ rights and interests as well as intellectual property rights.

The Data Security Law made in 2021 establishes and improves mechanisms for data categorization and classification, risk monitoring and early warning, emergency response and data security review to address the hidden risks and dangers. It also facilitates data security and development and government data opening to advance law-based, reasonable and effective utilization of data.

The Personal Information Protection Law adopted in 2021, in response to public concerns, further refines and improves the principles of personal information protection and personal information processing rules based on relevant laws, clarifies boundaries of rights and obligations in personal information processing and enhances the system and mechanism of personal information protection.

The Law on Combating Telecom and Online Fraud introduced in 2022 establishes a comprehensive governance system for various sectors including telecommunications, finance, and the internet to provide legal support for prevention, control and crackdown of telecom and online fraud.

In addition, the NPC standing committee has revised a group of laws in recent years,, including the Law on the Protection of Consumers' Rights and Interests, the Food Safety Law, the Advertisement Law, the Law on Protection of Minors, the Anti-Unfair Competition Law and the Anti-Monopoly Law, in a bid to improve related provisions on the protection of consumers' rights and interests in online transactions, food safety responsibilities of online platforms, internet advertising, protection of minors in cyberspace and unfair competition and monopoly in the online market.

Meanwhile, the NPC standing committee has also compiled the Civil Code and amended the Criminal Law to better safeguard civil rights of those engaged in new forms of online business and to fight new types of online crimes.

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