China's Cybersecurity Law imposes significant obligations on companies operating networks in China. Here's what foreign companies need to know about compliance.
Who Must Comply?
- Network operators in China
- Companies collecting data in China
- Critical information infrastructure operators
- Foreign companies with China operations
Key Requirements
Network Security
- Implement security management systems
- Designate security personnel
- Take technical measures against attacks
- Monitor and log network activity
- Develop emergency response plans
Data Localization
- Personal information collected in China must be stored in China
- Important data must be stored locally
- Cross-border transfer requires security assessment
Critical Infrastructure: Operators of critical information infrastructure face stricter requirements including security reviews for network products and services.
Personal Information Protection
- Obtain consent for collection
- Collect only necessary information
- Implement security measures
- Report data breaches
- Allow users to delete data
Cross-Border Data Transfer
To transfer data outside China:
- Security assessment (for important data)
- Standard contract filing
- Certification
- User consent
Compliance Steps
- Assess what data you collect
- Determine if you're critical infrastructure
- Implement required security measures
- Establish data localization
- Create cross-border transfer mechanisms
- Train employees
- Document compliance efforts
Penalties
- Fines up to ¥1 million for companies
- Personal liability for responsible persons
- Business suspension
- License revocation
- Criminal liability for serious violations
Best Practices
- Conduct data mapping exercise
- Implement privacy by design
- Regular security assessments
- Incident response planning
- Vendor management
Cybersecurity Compliance Help
I help foreign companies understand and comply with China's cybersecurity requirements.
Contact MeDisclaimer: This article is for informational purposes only and does not constitute legal advice. For advice on your specific situation, please contact me directly.
Contact for Personalized Advice →