Chapter IV
Data Security Protection Obligations
Article 27 In data processing, the laws and regulations shall be complied with, a sound data security management system throughout the whole process shall be established, data security education and training shall be organized and conducted, and corresponding technical measures and other necessary measures shall be adopted to ensure data security. In data processing by making use of the internet or any other information networks, the abovementioned data security obligations shall be fulfilled on the basis of the classified protection system for cyber security.
Processors of important data shall be clear about their persons responsible for data security and the data security management bodies, and fulfill the responsibilities for data security.
Article 28 Data processing as well as research and development of new data technologies shall be conducive to furthering economic and social development, and improving the well-being of people, and shall conform to social morals and ethics.
Article 29 Closer risk monitoring shall be applied in data processing. Where data security defects, bugs, or other risks are discovered, remedial measures shall be taken immediately. Where a data security incident occurs, measures shall be taken immediately to address it, and users shall be notified and reports made to relevant competent departments in a timely manner in accordance with relevant provisions.
Article 30 Processors of important data shall, in accordance with the relevant provisions, conduct risk assessments of their data processing on a regular basis and submit risk assessment reports to relevant competent departments.
Risk assessment reports shall include the types and amounts of important data processed, information on data processing, data security risks and the response measures for them.
Article 31 The provisions of the Cyber Security Law of the People's Republic of China shall apply to the outbound security management of the important data collected or produced by critical information infrastructure operators during their operation within the territory of the People's Republic of China, and the measures for the outbound security management of the important data collected or produced by others data processors during their operation within the territory of the People's Republic of China shall be formulated by the national cyberspace authority in conjunction with the relevant departments under the State Council.
Article 32 An organization or individual shall collect data by lawful and proper means, and shall not acquire data by theft or in other illegal manners.
Where laws or administrative regulations have provisions on the purposes or scopes of data collection and use, data shall be collected and used for the purposes and within the scopes provided for by those laws and administrative regulations.
Article 33 When providing services, data transaction intermediaries shall require data providers to specify the sources of the data, verify the identities of both parties to the transactions, and retain the verification and transaction records.
Article 34 Where laws or administrative regulations require that administrative permissions be acquired for providing services related to data processing, service providers shall obtain such administrative permissions in accordance with these provisions.
Article 35 Where a public security organ or national security organ needs to obtain data for the sake of national security or for investigating crimes in accordance with the law, strict approval formalities shall be completed in accordance with the relevant provisions of the state and data be obtained in accordance with the law, and the relevant organizations and individuals shall cooperate.
Article 36 The competent authorities of the People's Republic of China shall handle requests for data made by foreign judicial or law enforcement authorities, in accordance with the relevant laws and international treaties or agreements concluded or acceded to by the People's Republic of China, or in accordance with the principles of equality and reciprocity. Without the approval of the competent authorities of the People's Republic of China, organizations or individuals in the People's Republic of China shall not provide data stored within the territory of the People's Republic of China to any overseas judicial or law enforcement body.
Chapter V
Security and Openness of Government Data
Article 37 The state shall make great efforts to promote the development of e-government, make government database more scientific, accurate, and time-efficient, and improve the ability of using data to serve economic and social development.
Article 38 Where state organs need to collect or use data to perform their statutory duties, they shall collect or use data within the scope as needed for performance of their statutory duties and under the conditions and procedures provided by laws and administrative regulations. They shall, in accordance with the law, preserve the confidentiality of the data accessed in the course of performing their duties, such as personal privacy, personal information, trade secrets, and confidential business information, and shall not divulge such data or illegally provide them to others.
Article 39 State organs shall, in accordance with the provisions of laws and administrative regulations, establish sound data security management systems, fulfill data security protection responsibilities, and ensure the security of government data.
Article 40 Where a state organ entrusts others to construct or maintain e-government systems, or to store or process government data, the state organ shall go through strict approval procedures, and shall supervise the entrusted party in the performance of data security protection obligations. The entrusted party shall perform its data security protection obligations in accordance with the provisions of laws, regulations, and contracts signed, and shall not retain, use, divulge, or provide others with government data without authorization.
Article 41 State organs shall, under the principles of fairness, equality and convenience for the people, disclose government data in a timely and accurate manner in accordance with the provisions, except those which shall not be disclosed in accordance with the law.
Article 42 The state shall formulate the catalog of open government data, build an open, uniform, standardized, interconnected, safe and controllable government data platform, and promote the release and utilization of government data.
Article 43 The provisions of this Chapter shall apply to the data processing carried out by the organizations with the functions of administering public affairs as authorized by laws and regulations for the purpose of performing their statutory duties.
Chapter VI
Legal Liability
Article 44 Where competent departments discover the existence of major security risks in data processing when they perform their regulatory duties as regards data security, they may, in accordance with the prescribed limits of authority and procedures, conduct regulatory talks with the relevant organizations and/or individuals, and require the relevant organizations and/or individuals to adopt measures to make rectifications and eliminate potential hazards.
Article 45 Where an organization or individual that processes data fails to perform the data security protection obligations provided in Articles 27, 29 and 30 of this Law, the organization or individual shall be ordered to make rectifications and be given a warning, and may be concurrently fined not less than RMB 50,000 yuan but not more than RMB 500,000 yuan by the competent department, and the directly liable persons in charge and other directly liable persons may be fined not less than RMB 10,000 yuan but not more than RMB 100,000 yuan. Where the organization or individual refuses to make rectifications or has caused serious consequences such as a massive data breach, the organization or individual shall be fined not less than RMB 500,000 yuan but not more than RMB 2 million yuan, and may be ordered to suspend the relevant business or suspend operations for rectification, or have relevant business permits or the business license revoked, and the directly liable persons in charge and other directly liable persons shall be fined not less than RMB 50,000 yuan but not more than RMB 200,000 yuan.
Where the organization or individual violates the national core data management rules and endangers national sovereignty, security, or development interests of the state, the competent department shall impose upon the organization or individual a fine of not less than RMB 2 million yuan but not more than RMB 10 million yuan, and may, based on the circumstances, order a suspension of relevant business or a suspension of operations for rectification, or revoke relevant business permits or the business license. Where a crime is constituted, criminal responsibilities shall be investigated in accordance with the law.
Article 46 Whoever, in violation of the provisions of Article 31 of this Law, provides important data abroad, shall be ordered to make rectifications and be given a warning by the competent department, and may be concurrently fined not less than RMB 100,000 yuan but not more than RMB 1 million yuan, and the directly liable persons in charge and other directly liable persons may be fined not less than RMB 10,000 yuan but not more than RMB 100,000 yuan. Where the circumstances are serious, the violator shall be fined not less than RMB 1 million but not more than RMB 10 million yuan, and may also be ordered to suspend the relevant business or suspend operations for rectification, or have relevant business permits or the business license revoked, and the directly liable persons in charge and other directly liable persons shall be fined not less than RMB 100,000 yuan but not more than RMB 1 million yuan.
Article 47 Where a data transaction intermediary fails to perform the obligations prescribed in Article 33 of this Law, it shall be ordered by the competent department to make rectifications, its illegal gains, if any, shall be confiscated, and it shall also be fined not less than the amount of but not more than ten times the amount of the illegal gains; if there are no illegal gains or the illegal gains are less than RMB 100,000 yuan, it shall be fined not less than RMB 100,000 yuan but not more than RMB 1 million yuan. It may be concurrently ordered to suspend the relevant business or suspend operations for rectification, or have relevant business permits or the business license revoked. The directly liable persons in charge and other directly liable persons shall be fined not less than RMB 10,000 yuan but not more than RMB 100,000 yuan.
Article 48 Whoever in violation of Article 35 of this Law, refuses to cooperate when a public organ or national security organ needs to access the data, shall be ordered by the competent department to make rectifications and be given a warning, and shall be concurrently fined not less than RMB 50,000 yuan but nor more than RMB 500,000 yuan, and the directly liable persons in charge and other directly liable persons may be fined not less than RMB 10,000 yuan but not more than RMB 100,000 yuan.
Whoever, in violation of Article 36 of this Law, provides data to an overseas judicial or law enforcement body without the approval of the competent authorities, shall be given a warning by the competent department, and may be concurrently fined not less than RMB 100,000 yuan but not more than RMB 1 million yuan, and the directly liable persons in charge and other directly liable persons may be fined not less than RMB 10,000 yuan but not more than RMB 100,000 yuan. If serious consequences are caused, the violator shall be fined not less than RMB 1 million yuan but not more than RMB 5 million yuan, and may be ordered to suspend the relevant business or suspend operations for rectification, or have relevant business permits or the business license revoked. The directly liable persons in charge and other directly liable persons shall be fined not less than RMB 50,000 yuan but not more than RMB 500,000 yuan.
Article 49 Where a state organ fails to perform data security obligations as provided for in this Law, the directly liable persons in charge and other directly liable persons shall be given a sanction in accordance with the law.
Article 50 Any state functionary performing data security related regulation regulation neglects his duty, abuses power, or engages in malpractice for personal gain, shall be given a sanction in accordance with the law.
Article 51 Whoever obtains data through theft or by any other illegal means, or eliminates or restricts competition in data processing, or harms the lawful rights and interests of individuals or organizations, shall be punished in accordance with the provisions of relevant laws and administrative regulations.
Article 52 Whoever, in violation of this Law, causes damages to others shall bear civil liability in accordance with the law.
Where a violation of the provisions of this Law constitutes a violation of public security administration, a public security administrative penalty shall be given in accordance with the law. Where a crime is constituted, criminal responsibility shall be investigated in accordance with the law.
Chapter VII
Supplementary Provisions
Article 53 The provisions of the Law of the People's Republic of China on Guarding State Secrets and other relevant laws and administrative regulations shall apply to data processing that involves state secrets.
The provisions of relevant laws and administrative regulations shall also be observed when data are processed in statistical or archival work and in data processing involving personal information.
Article 54 Measures for the military data security and protection shall be separately formulated by the Central Military Commission in accordance with this Law.
Article 55 This Law shall come into force as of September 1, 2021.
