Cybersecurity Law of China
Presidential Decree No. 53
The Cyber Security Law of the People's Republic of China, adopted at the 24th Session of the Standing Committee of the 12th National People's Congress on 7 November 2016, is hereby promulgated, effective 1 June 2017.
President Xi Jinping
November 7, 2016
(Adopted at the 24th Session of the Standing Committee of the 12th National People's Congress on 7 November 2016)
第一章 总 则
Chapter 1 General Provisions
Article 1 This Law is formulated for the purposes of ensuring cyber security, safeguarding cyberspace sovereignty, national security and public interest, protecting the legitimate rights and interests of citizens, legal persons and other organisations, and promoting healthy development of economic and social informatisation.
Article 2 The Law shall apply to the construction, operation, maintenance and use of the network as well as the supervision and administration over cyber security within the territory of the People's Republic of China.
Article 3 The State adheres to equal focus on cyber security and information-based development, follows the guidelines of positive use, scientific development, lawful management and security assurance, promotes the construction of cyber infrastructure and its interconnection, encourages the innovation in and application of cyber technologies, supports the cultivation of talents for cyber security, establishes and perfects the cyber security guarantee system and raises the ability to protect cyber security.
Article 4 The State shall formulate and continuously improve cyber security strategies, specify the basic requirements and main objectives for cyber security protection, and propose cyber security policies, work tasks and measures in key areas.
Article 5 The State shall take measures to monitor, prevent and deal with cyber security risks and threats from both within and outside the territory of the People's Republic of China, to protect key information infrastructure from attacks, intrusions, interference and damage, to punish illegal criminal activities on the network in accordance with the law and to maintain cyberspace security and order.
Article 6 The State shall advocate honest, faithful, healthy and civilized cyber behaviors, advance the spreading of the core socialist values, and take measures to raise the awareness and level of cyber security of the whole of society, forming a sound environment for promoting cyber security with the participation of all the public.
Article 7 The State shall actively carry out international exchange and cooperation in terms of cyberspace governance, research and development of cyber technologies, establishment of standards thereof and fighting against illegal crimes committed on the network and other aspects, promote the construction of a peaceful, safe, open and cooperative cyberspace, and establish a multilateral, democratic and transparent system for network governance.
Article 8 The national cyberspace administration authority is responsible for the overall planning and coordination of cyber security work and relevant supervision and management work. The competent telecommunications department, the public security department and other relevant authorities of the State Council shall be responsible for the protection, supervision and administration of cyber security within the scope of their respective duties in accordance with the provisions of the Law, relevant laws and administrative regulations.
Responsibilities of relevant departments under local people's governments at or above the county level for protecting, supervising and administering cyber security shall be determined in accordance with relevant provisions of the State.
Article 9 Network operators, while carrying out business and service activities, shall abide by laws and administrative regulations, respect social moralities, follow business ethics, act in good faith, perform the obligation of cyber security protection, accept supervision by the government and the society, and undertake social responsibilities.
Article 10 For the construction and operation of networks or the provision of services through networks, it is required to, in accordance with the provisions of laws and administrative regulations and the mandatory requirements of national standards, take technical measures and other necessary measures to ensure the secure and stable operation of networks, effectively respond to cyber security incidents, prevent illegal crimes committed on the network, and maintain the integrity, confidentiality and availability of network data.
Article 11 Cyber-related industrial organizations shall, in accordance with their regulations, intensify industrial self-discipline, formulate regulations on cyber security behaviors, instruct their members to strengthen cyber security protection, enhance the level of cyber security protection and promote the healthy development of relevant industries.
Article 12 The State protects the rights of citizens, legal persons and other organizations to use networks according to the law, promotes the popularity of network access, and raises the level of network services, so as to provide the public with secure and convenient network services and guarantee the orderly and free flow of network information in accordance with the law.
Any individual and organization using the network shall comply with the Constitution and laws, follow the public order and respect social morals, and shall neither endanger cyber security, nor engage in activities by making use of the network that endanger national security, honor and interests, incite to subvert the State power and overthrow the socialist system, incite to split the country and undermine national unity, advocate terrorism and extremism, ethnic hatred and discrimination, spread violent and pornographic information, fabricate and disseminate false information to disturb the economic and social order, or infringe upon the reputation, privacy, intellectual property and other legitimate rights and interests of others.
Article 13 The State supports research and development of network products and services that are favorable to minors' healthy growth, and punishes activities endangering minors' physical and mental health by virtue of the network according to the law, in a bid to provide minors with a safe and healthy network environment.
Article 14 Any individual or organization shall have the right to report the behaviors that endanger cyber security to cyberspace administration authorities, telecommunication departments, public security departments, etc. The department receiving a report shall promptly handle it according to law; if the case does not fall within the scope of its duties, it shall timely transfer the case to the department which has the authority to handle it.
The relevant authorities shall keep confidentiality of the relevant information of informants, and protect the legitimate rights and interests of informants.
Chapter II Support and Promotion of Cyber Security
Article 15 The State establishes and improves the system of cyber security standards. The competent standardization administrative department under the State Council and other relevant departments under the State Council shall, in accordance with their respective responsibilities, organize the formulation of relevant national and industrial standards for cyber security administration and the security of network products, services and operations and make revisions at appropriate time.
The State supports enterprises, research institutions, institutions of higher education, and network-related industrial organizations to participate in the formulation of national and industrial standards for cyber security.
Article 16 The State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall make the overall planning, increase the input, support key cyber security technology industries and projects, support the research, development and application of cyber security technologies, promote safe and reliable network products and services, protect the intellectual property rights of network technologies and support enterprises, research institutes, institutions of higher learning to participate in national innovation projects related to cyber security technologies.
Article 17 The State shall boost the construction of a socialized service system for cyber security, encourage enterprises and institutions concerned to provide such security services as the authentication, detection and risk assessment of cyber security.
Article 18 The State shall encourage the development of technologies for protecting and using network data, promote the availability of public data resources and propel technological innovation and social and economic development.
The State supports the innovation of cyber security administration methods and the application of new network technologies to improve the level of cyber security protection.
Article 19 People's governments at all levels and relevant departments thereof shall organize and conduct regular publicity and education on cyber security, and guide, supervise and urge relevant entities to effectively conduct the publicity and education on cyber security.
The mass media shall give publicity and education on cyber security targeted at the public specifically.
Article 20 The State supports enterprises, institutions of higher learning, vocational schools and other education training institutions to carry out cyber security-related education and training, adopt multiple methods to cultivate talents for cyber security, and promote the exchange of talents for cyber security.
Chapter III Network Operation Security
Section 1 General Provisions
Article 21 The State implements the classified protection system for cyber security. Network operators shall fulfill the following security protection obligations according to the requirements of the classified protection system for cyber security to ensure that the network is free from interference, damage or unauthorized access, and prevent network data from being divulged, stolen or falsified:
1. formulate internal security management systems and operating procedures, determine the persons responsible for cyber security, and implement the responsibility of cyber security protection;
(II) take technical measures to prevent computer viruses, network attacks, network intrusions and other actions endangering cyber security;
(III) Take technological measures to monitor and record the network operation status and cyber security incidents, and preserve relevant web logs for no less than six months as per provisions;
(IV) take measures such as data classification, and backup and encryption of important data; and
(V) Other obligations stipulated by laws and administrative regulations.
Article 22 Network products and services shall comply with the compulsory requirements of the relevant national standards. Providers of network products and services shall not install malwares; upon discovery of risks such as security defects or bugs etc of their network products or services, the provider shall forthwith adopt remedial measures, promptly notify users pursuant to the provisions, and report to the relevant authorities.
Providers of network products and services shall provide security maintenance for their products and services; and shall not terminate the provision of security maintenance within the stipulated period or the period agreed by the parties concerned.
Where network products and services have the function of collecting users' information, the providers shall clearly notify their users and obtain their consent. In the case of involving users' personal information, the providers shall also comply with the provisions regarding the protection of personal information as stipulated by this Law, relevant laws and administrative regulations.
Article 23 Critical network equipment and specialized cyber security products shall, pursuant to the compulsory requirements of the relevant national standards, pass the security certification by qualified institutions or meet the requirements of security detection before being sold or provided. The national cyberspace administration authority shall, in concert with relevant departments under the State Council, formulate and release the catalog of critical network equipment and specialized cyber security products, and promote the mutual recognition of security certification and security detection results, so as to avoid repeated certifications and detections.
Article 24 When network operators handle network access and domain registration services for users, handle network access formalities for fixed-line or mobile phone users, or provide users with information publication services, instant messaging services and other services, they shall require users to provide real identity information at the time of signing agreements with users or confirming the provision of services. Network operators shall not provide services for users who fail to provide their real identity information.
The State implements the strategy of trusted identities in cyberspace, supports the research and development of secure and convenient technologies for electronic identity authentication, and promotes the mutual recognition among different electronic identity authentications.
Article 25 Network operators shall formulate contingency plans for cyber security incidents, and promptly dispose of system bugs, computer viruses, network attacks and intrusions and other security risks; when any incident endangering cyber security occurs, network operators shall immediately initiate contingency plans, take corresponding remedial measures, and report the same to the relevant competent departments in accordance with the provisions.
Article 26 Carrying out such activities as cyber security authentication, detection and risk evaluation, and releasing cyber security information like system bugs, computer viruses, network attacks and intrusions to society shall comply with the relevant regulations of the State.
Article 27 Any individual or organization shall neither engage in activities endangering cyber security, including illegally invading others' networks, interfering with the normal functions of others' networks and stealing cyber data, nor provide programs or tools specifically used for activities endangering cyber security, such as network intrusions, interference with the normal functions and protective measures of the network, and theft of cyber data; if such individual or organization knows that a person engages in activities jeopardizing cyber security, it shall not provide technical support, advertising promotion, payment and settlement services or other types of assistance to such person or organization.
Article 28 Network operators shall provide technical support and assistance to the public security organs and state security organs in lawfully safeguarding national security and investigating crimes.
Article 29 The State supports the cooperation among network operators in areas such as collection, analysis and reporting of cyber security information and emergency disposal, so as to improve the ability of network operators to safeguard the security.
Relevant industrial organizations shall establish and perfect cyber security protection regulations and coordination mechanisms for their own industry, strengthen the analysis and evaluation of cyber security risks, regularly give risk warnings to their members, and support and assist members in handling cyber security risks.
Article 30 The information acquired by cyberspace administration authorities and relevant departments in the course of their fulfillment of responsibilities for protecting cyber security shall be used exclusively for the need of cyber security protection but not for any other purpose.
Section 2. Security of operations of the Key Information Infrastructure
Article 31 The State shall, based on the classified protection system for cyber security, be focused on protecting the important industries and fields such as public communications and information service, energy, transport, water conservancy, finance, public service and e-government, as well as other key information infrastructure that may seriously endanger the national security, national economy and people's livelihood and public interests if they are destroyed, have lost their functions or are subject to data leakage. The specific scope and measures for security protection for key information infrastructure shall be formulated by the State Council.
The State encourages network operators other than key information infrastructure to participate in the protective system of key information infrastructure on a voluntary basis.
Article 32 The departments in charge of protecting key information infrastructure security shall, as per the division of duties stipulated by the State Council, respectively prepare and organize the implementation of key information infrastructure security plans for their own industry and field, guide and supervise the protection of operation security of key information infrastructure.
Article 33 To construct the key information infrastructure, it shall be ensured that the key information infrastructure has properties for supporting the stable and continuous operation of the business, and that technical security measures are planned, established and used concurrently.
Article 34 In addition to the provisions of Article 21 herein, key information infrastructure operators shall also fulfill the following obligations of security protection,
1. set up special security management institutions and persons in charge of security management, and conduct security background review on the said persons and personnel on key positions;
(II) periodically conduct cyber security education, technical training and skill assessment for practitioners;
3. make disaster recovery backups of important systems and databases;
(IV) formulate contingency plans for cyber security incidents, and regularly conduct drills; and
(V) Other obligations stipulated by laws and administrative regulations.
Article 35 Where key information infrastructure operators purchase network products and services, which may influence national security, they shall go through a security review organized by the national cyberspace administration authority in concert with relevant departments under the State Council.
Article 36 To purchase network products and services, key information infrastructure operators shall enter into security confidentiality agreements with the providers in accordance with the provisions, in which obligations and responsibilities in terms of security and confidentiality shall be clarified.
Article 37 Key information infrastructure operators shall store personal information and important data gathered and produced during operations within the territory of the People's Republic of China. Where it is really necessary to provide such information and data to overseas parties due to business requirements, a security assessment shall be conducted in accordance with the measures formulated by the national cyberspace administration authority in concert with the relevant departments under the State Council. Where the laws and administrative regulations have other provisions, those provisions shall prevail.
Article 38 Key information infrastructure operators shall conduct by themselves, or entrust cyber security service institutions to conduct, the detection and assessment of their cyber security and any potential risk at least once a year; and submit the detection and assessment situations as well as improvement measures to the relevant departments responsible for the security protection of key information infrastructure.
Article 39 The national cyberspace administration authority shall coordinate with relevant departments in an overall way to take the following measures with respect to the security protection of key information infrastructure,
1. conduct random detection on security risks related to key information infrastructure, and propose improvement measures; if necessary, may entrust cyber security service institutions to carry out the detection and evaluation of any potential security risks related to the network;
(II) periodically organize key information infrastructure operators to conduct emergency cyber security drills, and enhance the level and ability of coordination and cooperation to respond to cyber security incidents; and
(III) Promoting cyber security information sharing among relevant departments, key information infrastructure operators, relevant research institutions and cyber security service institutions; and
(IV) Provide technical support and assistance for emergency disposal of cyber security incidents and recovery of network functions.
Chapter 4 Network Information Security
Article 40 Network operators shall strictly keep confidential the user information that they have collected, and establish and improve the system for user information protection.
Article 41 To collect and use personal information, network operators shall follow the principles of legitimacy, rightfulness and necessity, make public the rules for collection and use, clearly express the purposes, methods and scope of collection and use of information, and obtain the consent of the persons whose data is gathered.
Network operators shall neither gather personal information unrelated to the services they provide, nor gather or use personal information in violation of the provisions of laws and administrative regulations or the agreements arrived at; and shall dispose of personal information they have saved in accordance with the provisions of laws and administrative regulations and agreements reached with users.
Article 42 Network operators shall not divulge, tamper with or damage the personal information they have collected, and shall not provide personal information to others without the consent of the persons whose data is collected. However, the circumstance where the information has been processed and cannot be recovered and thus it is impossible to identify specific individuals is an exception.
Network operators shall take technical measures and other necessary measures to ensure the security of the personal information they have collected and prevent such information from being divulged, damaged or lost. If personal information has been or may be divulged, damaged or lost, it is necessary to take remedial measures immediately, inform users in time according to the provisions and report to the relevant competent departments.
Article 43 Where individuals discover that network operators gather or use their personal information in violation of the provisions of laws and administrative regulations or the agreements arrived, they have the right to request the network operators to delete their personal information; where they find that their personal information gathered or stored by network operators has any error, they have the right to request the network operators to make corrections. Network operators shall take measures to delete or correct the said information.
Article 44 Any individual or organization may neither acquire personal information by stealing or through other illegal ways, nor illegally sell or provide personal information to others.
Article 45 The departments and their staff members responsible for the supervision and management over cyber security in accordance with the law shall strictly keep confidentiality of personal information, privacy and trade secrets known thereby in fulfilling their duties, and shall not divulge, sell or illegally provide the same to others.
Article 46 Any individual or organization is responsible for his/its use of network, and shall neither establish any website or communication group for the purpose of committing fraud, teaching others about criminal methods, making or selling prohibited or controlled items, or carrying out other illegal and criminal activities, nor utilize the network to release information involving such illegal and criminal activities as committing fraud, making or selling prohibited or controlled items.
Article 47 Network operators shall strengthen the management over the information published by their users, and upon discovery of the information whose publication or transmission is prohibited by the laws and administrative regulations, they shall immediately stop the transmission of such information, take disposal measures such as deletion to prevent the information from spreading, save relevant records, and report the same to the relevant competent departments.
Article 48 The electronic information sent by and application software provided by any individual or organization shall neither be installed with malwares, nor contain any information whose publication or transmission is prohibited by laws and administrative regulations.
Electronic messaging service providers and application software download service providers shall fulfill security administration duties; and where the said providers learn that their users have committed the acts prescribed in the preceding paragraph, they shall stop the provision of services, take disposal measures such as deletion, keep relevant records and report the same to the relevant competent departments.
Article 49 Network operators shall set up complaint and reporting systems for network information security, disclose the ways of complaint and reporting and other information, and promptly accept and handle complaints and reports related to network information security.
Network operators shall cooperate with the supervision and inspection carried out by cyberspace administration authorities and relevant departments in accordance with the law.
Article 50 The national cyberspace administration authority and relevant departments shall fulfill their obligations of supervising and managing cyber security information in accordance with the law, and upon discovery of any information whose publication or transmission is prohibited by the laws and administrative regulations, they shall request the network operators to stop the transmission, take disposal measures such as deletion, and keep relevant records; for the above information sourced from outside the territory of the People's Republic of China, they shall notify the relevant organizations to take technical measures and other necessary measures to block the transmission.
Chapter 5 Monitoring, Early Warning and Emergency Disposal
Article 51 The State shall establish cyber security monitoring and early warning and information notification systems. The national cyberspace administration authority shall coordinate with the relevant departments to strengthen the work on collection, analysis and notification of cyber security information under an overall plan, and shall uniformly release cyber security monitoring and early warning information in accordance with regulations.
Article 52 The departments responsible for protecting key information infrastructure security shall establish and perfect the cyber security monitoring and early warning and information notification system for their respective industry or field, and submit the cyber security monitoring and early warning and information notification in accordance with the relevant provisions.
Article 53 The national cyberspace administration authority shall coordinate with relevant departments to establish and perfect the cyber security risk assessment and emergency work mechanism, make contingency plans for cyber security incidents and organize drills periodically.
The departments responsible for protecting key information infrastructure security shall formulate contingency plans for cyber security incidents for their respective industry or field, and periodically organize drills.
In cyber security incident emergency plans, the cyber security incidents shall be graded based on such factors as the degree of harm and the scope of influence after the incidents occur, and the corresponding emergency disposal measures shall be prescribed.
Article 54 When the probability of causing cyber security incidents increases, relevant departments of the people's governments at provincial level or above shall, in accordance with the authorization and procedures stipulated, take the following measures according to the characteristics of and possible harm from the cyber security risks.
1. require the relevant departments, institutions and personnel to timely collect and report the relevant information, and strengthen the monitoring over cyber security risks;
(II) organize relevant departments, institutions and professionals to analyze and assess cyber security risk information and predict the likelihood of occurrence of, scope of influence of and degree of harm from the incidents; or
(III) Release an early warning about cyber security risks to the public and take measures to avoid and mitigate harm therefrom.
Article 55 For the occurrence of cyber security incidents, it is necessary to activate contingency plans for cyber security incidents immediately, investigate and assess such incidents, require network operators to take technical measures and other necessary measures to eliminate potential security hazards, prevent expansion of the harm, and promptly issue warning information in relation to the public to society.
Article 56 Relevant departments of the people's governments at provincial level or above may have an interview with the legal representatives or principals of the network operators in accordance with prescribed authorities and procedures upon discovery of relatively high security risks or security incidents on the network. Network operators shall take measures to effect rectification and eliminate hidden dangers as required.
Article 57 Emergency incidents or work safety accidents caused by cyber security incidents shall be handled in accordance with the Emergency Response Law of the People's Republic of China, the Work Safety Law of the People's Republic of China and other relevant laws and administrative regulations.
Article 58 In the case of demands to protect the national security and social public order, and respond to major social emergent security incidents, upon the decision or approval by the State Council, the competent departments may take restriction and other temporary measures on network communications within specific regions.
Chapter 6 Legal Liabilities
Article 59 Network operators, who fail to perform the obligation of protecting the cyber security as stipulated by Article 21 or Article 25 of this Law, shall be ordered to make rectification and be warned by relevant competent departments. Where they refuse to make rectification, or such consequences as endangering cyber security are caused, a fine of no less than CNY10,000 but no more than CNY100 ,000 shall be imposed; as for persons directly in charge, a fine of no less than CNY5,000 but no more than CNY50,000 shall be imposed.
Where an operator of critical information infrastructure fails to fulfill obligation of cybersecurity protection set out in Articles 33, 34, 36 and 38 hereof, the competent authority shall warn such operator and order it to make rectifications. A fine ranging from 100,000 yuan to 1 million yuan shall be imposed on such operator if it refuses to make rectifications or in case of consequential severe damage to the network, and a fine ranging from 10,000 yuan to 100,000 yuan shall be imposed on the supervisor directly in charge.
Article 60 Where Paragraph 1 and Paragraph 2 of Article 22 and Paragraph 1 of Article 48 of this Law are violated by any of the following acts, the competent authority shall order it to make corrections and give it a warning. If it refuses to make corrections or causes consequences that endanger cybersecurity, it shall be fined not less than CNY50,000 but not more than CNY500,000, and the person directly in charge shall be fined not less than CNY10,000 but not more than CNY100 ,000:
1. setting up malicious programs;
2. failing to take remedial measures immediately against such risks as security defects and bugs of their products and services, or failing to promptly inform users of such risks and report the same to the relevant competent departments in accordance with the relevant provisions; or
(III) arbitrarily terminating the provision of security maintenance for their products and services.
Article 61 Network operators, who, in violation of the provisions of Paragraph 1, Article 24 hereof, fail to require users to provide real identity information, or provide services to users who fail to provide real identity information, shall be ordered by relevant competent departments to make rectifications. A fine ranging from 50,000 yuan to 500,000 yuan shall be imposed in case of refusal to make rectifications or of severe circumstance, and further penalties such as suspension of related business, winding up for rectification, shutdown of website, and revocation of business license may be imposed by relevant competent departments. A fine ranging from 10,000 yuan to 100,000 yuan shall be imposed on the supervisor directly in charge and other directly liable persons.
Article 62 Where a network operator, in violation of Article 26 hereof, carries out cybersecurity authentication, detection, risk assessment and other activities, or releases cybersecurity information such as system bug, computer virus, network attack and intrusion, the competent authority shall warn such operator and order it to make rectifications. A fine ranging from 10,000 yuan to 100,000 yuan shall be imposed in case of refusal to make rectifications or severe circumstance, and further penalties such as suspension of related business, winding up for rectification, shutdown of website, and revocation of business license may be imposed by the competent authority. A fine ranging from 5,000 yuan to 50,000 yuan shall be imposed on the supervisor directly in charge and other directly liable persons.
Article 63 For persons who violate the provisions of Article 27 of this Law in engaging in activities which compromise cyber security, or providing procedures and tools for activities which compromise cyber security, or providing technical support, advertising and promotion, payment and settlement assistance etc for others to engage in activities which compromise cyber security but the case does not constitute a criminal offence, the public security authorities shall confiscate the illegal income, detain the offender for not more than five days, and may impose a fine ranging from RMB50,000 to RMB500,000; in relatively serious cases, the offender shall be subject to a detention of five to 15 days, and may be subject to a fine ranging from RMB100,000 to RMB1 million.
Where an entity commits any of the violations stipulated in the preceding paragraph, public security organs shall confiscate its illegal gains, impose a fine of no less than CNY100 ,000 but no more than CNY1,000,000, and punish the persons directly in charge and the other directly responsible persons in accordance with the provisions of the preceding paragraph.
Any person who violates Article 27 hereof and receives public security administrative punishment shall be prohibited from taking up key posts of cybersecurity and network operation for five years; and any such person who receives criminal punishment shall be prohibited from taking up key posts of cybersecurity and network operation for life.
Article 64 Network operators or providers of network products or services who, in violation of the provisions of Paragraph 3 of Article 22 hereof and Articles 41 through 43 hereof, infringe upon the protection of personal information in accordance with the law, shall be ordered by relevant competent departments to make rectifications and may be subject to one or several of such penalties as a warning, confiscation of illegal earnings, imposition of a fine equivalent to more than one but less than ten times the illegal earnings or, if there is no illegal earnings, a fine of less than CNY1, 000, 000 and a fine of more than CNY10, 000 but less than CNY100, 000 on the supervisor directly in charge and other directly liable persons; in case of a serious violation, may also be ordered to suspend relevant business, stop doing business for internal rectification, close down the website, revoke the business license or revoke the business license.
Where the operators violate Article 44 hereof by stealing, acquiring by other illegal means, or illegally selling or providing personal information to others but do not constitute a crime, public security organs shall confiscate the illegal gains, and impose a fine of no less than one but no more than ten times the illegal gains; if there is no illegal gain, a fine of no more than CNY1 million shall be imposed.
Article 65 Where operators of key information infrastructures, in violation of Article 35 hereof, use network products or services that have neither been examined for security nor passed the security examination, they shall be ordered by relevant competent departments to stop using such products or services, and a fine of no less than one time but no more than ten times the purchase amount shall be imposed; as for persons directly in charge or other directly responsible persons, a fine of no less than CNY 10,000 but no more than CNY 100,000 shall be imposed.
Article 66 Operators of key information infrastructure which violate the provisions of Article 37 of this Law in storing network data overseas or providing network data to overseas parties shall be ordered by the relevant authorities to make correction and be subject to a warning, illegal income shall be confiscated, and a fine ranging from RMB50,000 to RMB500,000 shall be imposed, and may be ordered to suspend the relevant businesses, suspend operation for correction, close down the website, revoke the relevant business permit or revoke the business licence; the directly accountable person (s) -in-charge and other directly accountable personnel shall be subject to a fine ranging from RMB10,000 to RMB100,000.
Article 67 Where Article 46 hereof is violated by establishing a website or a communication group for the purpose of committing criminal activities, or using a network to release information involving the commission of criminal activities, which does not constitute a crime, the public security organ shall detain the offender for not more than five days and may concurrently impose a fine of not less than CNY10,000 but not more than CNY100 ,000; if the circumstances are relatively serious, the public security organ shall detain the offender for not less than five days but not more than 15 days and may concurrently impose a fine of not less than CNY50,000 but not more than CNY500,000. Websites and communication groups used for conducting illegal and criminal activities shall be closed down.
Organisations which commit the act in the preceding paragraph shall be subject to a fine ranging from RMB100,000 to RMB500,000 imposed by the public security authorities, and the person-in-charge directly accountable and other directly accountable personnel shall be punished pursuant to the provisions of the preceding paragraph.
Article 68 Where a network operator, in violation of Article 47 hereof, fails to take such measures as ceasing transmission or elimination of such information prohibited by laws and administrative regulations, or keep relevant records, the competent authority shall warn such operator and order it to make rectifications, and confiscate its illegal gains. A fine of ranging from 100,000 yuan to 500,000 yuan shall be imposed in case of refusal to make rectifications or of severe circumstance, and further penalties such as suspension of related business, winding up for rectification, shutdown of website, and revocation of business license may be imposed by the competent authority. A fine ranging from 10,000 yuan to 100,000 yuan shall be imposed on the supervisor directly in charge and other directly liable persons.
Electronic messaging service providers or application software download service providers who fail to fulfill their security management obligations stipulated in Paragraph 2 of Article 48 hereof, shall be punished in accordance with the preceding paragraph.
Article 69 Network operators who, in violation of the provisions hereof, have any of the following acts shall be ordered to correct by the competent departments; where they refuse to correct, or the circumstances are serious, a fine of not less than CNY50,000 but not more than CNY500,000 shall be imposed; as for the directly responsible supervisors and other directly responsible persons, a fine of not less than CNY10,000 but not more than CNY100 ,000 shall be imposed:
1. Fail to take disposal measures such as stopping transmission or removing information whose publication or transmission is prohibited by the laws or administrative regulations as required by the relevant departments.
(II) refusing or impeding the supervision and inspection carried out by relevant departments according to the law; or
(III) refusing to provide technical support and assistance to public security organs and state security organs.
Article 70 Releasing or transmitting the information whose publication or transmission is prohibited by Paragraph 2 of Article 12 hereof, or by other laws or administrative regulations, shall be punished in accordance with the provisions of the relevant laws and administrative regulations.
Article 71 Any violation as stipulated in this Law shall be recorded in the credit files in accordance with the provisions of the relevant laws and administrative regulations and be publicized.
Article 72 Where operators of government affairs networks for state organs fail to perform their obligation of cyber security protection as stipulated in this Law, their administrations at the next higher level or relevant administrations shall order them to effect rectification and give sanctions to persons directly in charge and other directly responsible persons.
Article 73 Where cyberspace administration and relevant departments, in violation of Article 30 hereof, use the information accessed in performing their duties of cyber security protection for any other purpose, sanctions shall be imposed on the persons directly in charge and other directly liable persons.
Where the functionaries from the cyberspace administration and relevant departments neglect their duties, abuse their power, play favoritism and commit irregularities, but no crime is constituted, sanctions shall be imposed according to the law.
Article 74 Persons who violate the provisions of this Law and cause others to suffer from damages shall bear civil liability pursuant to the law.
For violations of the provisions of this Law which constitute a violation of public security administration, the offender shall be subject to public security administration punishment pursuant to the law; where the case constitutes a criminal offence, criminal liability shall be pursued in accordance with the law.
Article 75 Where any overseas institution, organization or individual attacks, intrudes, disturbs, damages or otherwise jeopardizes critical information infrastructure of the People's Republic of China, causing serious consequences, it/he shall be investigated for legal liability according to the law; the public security authority and relevant departments under the State Council may decide to freeze properties of such institution, organization or individual or take any other necessary sanction measure.
第七章 附 则
Chapter 7 Supplementary Provisions
Article 76 Terms used in this Law are defined as follows:
1. Network, refers to the system that is constituted by computers or other information terminals and related equipment to collect, save, transmit, exchange, and process information.
(II) Cyber security refers to through taking necessary measures to prevent attacks, intrusions, interference, sabotage on the network, illicit use of network, and accidents, to make sure the network is in stable and reliable operation conditions, and the capabilities for ensuring the integrity, confidentiality and availability of the network data.
(III) Network operators refer to owners, administrators of networks and network service providers.
(IV) Network data refers to all kinds of electronic data collected, saved, transmitted, processed and generated through the network.
(V) Personal information refers to all kinds of information recorded by electronic or otherwise that can be used to independently identify or be combined with other information to identify natural persons' personal information including but not limited to: natural persons' names, dates of birth, ID numbers, biologically identified personal information, addresses and telephone numbers, etc.
Article 77 For the protection of the operation security of the network saving or processing information involving state secrets, provisions of laws and administrative regulations concerning confidentiality shall be complied with in addition to this Law.
Article 78 The security protection of military networks shall be separately formulated by the Central Military Commission.
Article 79 The Law shall come into force as of June 1, 2017.
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