m88 casino review Security Law is Officially Adopted
2021.06.15m88 casino bonus code、YUAN, Qiong (Lena)、Jinghe, GUO
On June 10, 2021, after being submitted to the twenty-ninth meeting of the Standing Committee of the Thirteenth National People’s Congress (“NPC”) for consideration, the text of them88 casino review Security Lawwas officially released. Them88 casino review Security Lawwill come into effect on September 1, 2021.1
In the “Legislation Plan of the Standing Committee of the Thirteenth NPC” released in September 2018, them88 casino review Security Lawwas included in the legislation plan for the first time as “a draft law to be submitted for deliberation during the tenure under relatively mature conditions”.2After two years of preparation, the text of the first draft Law was released after the first deliberation of the Standing Committee of NPC in July 2020, and the second draft of them88 casino review Security Lawwas submitted for the second deliberation on April 26, 2021, and the Law is officially released now.
After its promulgation, them88 casino review Security Lawwill become an important part of the national security legal system represented by theState Security Law, and will, together with theCybersecurity Lawand thePersonal Information Protection Lawthat passed the second deliberation, become a more complete basic legal system in the information field.
Thekeycontent of them88 casino review Security Lawis as follows.
I. Scope of Application
Them88 casino review Security Lawis applicable to m88 casino review processing and regulatory activities carried outwithinthe People’s Republic of China. In terms of its extraterritorial application, them88 casino review Security Lawfurther provides that any organization or individualoutside the territoryof the People’s Republic of China will be held accountable by law if such an organization or individual harms the State security, public interest or legitimate rights and interests of citizens and organizations of the People’s Republic of China in carrying out m88 casino review processing activities. (Article 2)
Them88 casino review Security Lawfurther provides that “m88 casino review” means any record of information in electronic or other forms; while “m88 casino review processing” means acts such as m88 casino review collection, storage, processing, use, provision, transaction, and disclosure. (Article 3)
According to the above definitions, “m88 casino review” covers a wide range of information records generated from across all aspects of production, operation and management in the process of the gradual transformation to digitalization of government affairs and enterprises. The supplementary provisions of them88 casino review Security Lawfurther provide that m88 casino review processing involving State security shall be governed by the Law of the People’s Republic of China on Safeguarding State Secrets and the related laws and regulations; therefore, them88 casino review Security Lawdoes not apply to m88 casino review processing involving State secrets. Them88 casino review Security Lawis applicable to m88 casino review processing activities in statistics and archival work, and also to m88 casino review processing activities involving personal information. These m88 casino review processing activities should also comply with the requirements of the relevant laws and regulations in such aspects. How the requirements ofm88 casino review Security Lawshould be applied to business enterprises in practiceis subject to further observation. For example, them88 casino review Security Lawprovides obligations on the protection of m88 casino review based on hierarchical classification, but only formulates relevant specific obligations (as set out in Part VI of this Article) on Important m88 casino review. Further clarification on whether m88 casino review other than Important m88 casino review shall be regulated accordingly and the focus and rules still need to be clarified later.
Them88 casino review Security Lawprovides that m88 casino review security means the ability to ensure the effective protection and lawful use of m88 casino review and keeping m88 casino review in a continuous security status by taking necessary measures. (Article 3) As seen from the entire contents of the entirem88 casino review Security Law, m88 casino review security mentioned therein includes both at the macro level of national security and the micro level of implementation of m88 casino review security measures by organizations and individuals.
II. Linkage between them88 casino review Security Lawand the Legal System of Security and Cyber Affairs
m88 casino review security is an important component of national security and cybersecurity.
TheNational Security Lawprovides in principle that the State will construct network and information security protection systems, improve its ability to safeguard the network and information security, and step up the innovative research, development and applications of network and information technologies, so as to achieve security and controllability of … and m88 casino review. (Article 25).
TheCybersecurity Lawalso requires enterprises to perform their obligations of hierarchical cybersecurity protection, and take such measures as m88 casino review classification, backup and encryption of important m88 casino review (Article 21). Further observation is required for the coordination and connection between them88 casino review Security Lawand the provisions of the aforesaid laws and the relevant supporting regulations (and the draft for comments), for example:
The linkage between the relevant obligations on the protection of Important m88 casino review as provided in them88 casino review Security Lawand those as defined and provided in theCybersecurity Lawand them88 casino review Security Administrative Measures (Draft for Comments);
The linkage among m88 casino reviewexport control systems as provided in them88 casino review Security Lawand the export control requirements provided in theExport Control Lawthat was issued in 2020, and the relevant requirements for m88 casino review export as provided in theCybersecurity Law,m88 casino review Security Administrative Measures (Draft for Comments)and thePersonal Information Protection Law (Second Draft for Review);
The linkage between the m88 casino review security review system as provided in them88 casino review Security Lawand the foreign investment security review system as provided in theForeign Investment Lawand theMeasures for Cyber Security Review.
III. Principle of Regarding m88 casino review Security and Development as Equally Important
In the general provisions, them88 casino review Security Lawfirstly specifies that the State protects the m88 casino review-related rights and interests of individuals and organizations, encourages reasonable and effective utilization of m88 casino review, and secures the orderly and free flow of m88 casino review in accordance with the law, so as to promote the development of the digital economy with m88 casino review as the key element. (Article 7)
Next, in the second chapter, them88 casino review Security Lawexpressly provides its support to m88 casino review security and development. The relevant support measures include the implementation of a Big m88 casino review strategy, the promotion of m88 casino review infrastructure construction, and the design of digital economy development plans (Article 14); supporting the development and utilization of m88 casino review to improve the intelligent level of public services (Article 15); the strengthening of basic research on m88 casino review development and utilization technology (Article 16); the promotion of digital talent cultivation (Article 20) and other general strategies and guidelines for the encouragement and support of digital economy development, digital development and utilization. It also requires formulating relevant standards for m88 casino review development and utilization technologies and m88 casino review security (Article 17); promote m88 casino review security tests and evaluations as well as certifications (Article 18), and establish and improve m88 casino review transaction management systems (Article 19).
To sum up, in terms of its system design, them88 casino review Security Lawis intended to encourage and establish various m88 casino review-related policy support measures to promote and coordinate the balanced and orderly development between the digital economy and m88 casino review security by taking in to consideration m88 casino review management and requirements.
IV. m88 casino review Security Law Enforcement Bodies and their Work Duties
Articles 5 and 6 of them88 casino review Security Lawspecify the regulation of m88 casino review security and the work duties of different law enforcement bodies. Them88 casino review Security Lawprovides that the Central State security leading institution is responsible for the overall decision-making and coordination of national m88 casino review security, formulates and guides the implementation of national m88 casino review security strategies and major policies, coordinates the major issues and important work of national m88 casino review security, and establishes theCoordination Mechanism of National m88 casino review Security Work. TheCoordination Mechanism of National m88 casino review Security Workis firstly provided in them88 casino review Security Law, which is responsible for coordinating the relevant departments to formulate Important m88 casino review catalogues (Article 21) and to strengthen the work around acquisition, analysis, research and judgment, and early warnings of m88 casino review security risk information; In addition, according to Article 6:
The various regions and departments shall have the responsibility for the m88 casino review collected and generated in its work of their own regions and departments and the security of such m88 casino review;
The competent industrial departments such as industry, telecommunications, transportation, finance, natural resources, health, education, science and technology industries shall be responsible for the m88 casino review security supervision of their own industries and fields;
The public security bodies and national security boies shall be responsible for the m88 casino review security supervision within their respective scope of duties; and
The cyberspace administrations of the State are responsible for the overall planning and coordination of cyberspace m88 casino review security and the relevant regulatory work.
V. The Basic Systemof m88 casino review Security
As the basic law in the field of m88 casino review security, them88 casino review Security Lawhas established a series of fundamental systems in the field of m88 casino review security in Chapter 3 and formulated the basic framework of m88 casino review security systems in China, laying a solid foundation for the development and perfection of the m88 casino review security system in the future. These new fundamental systems include:
1
m88 casino review Protection Based on Hierarchical Classification, Important m88 casino review Protection Systems and National Core m88 casino review Protection Systems
Them88 casino review Security Lawprovides that the State shall protect m88 casino review based on hierarchical classification according to the importance of m88 casino review in economic and social development and the extent of damage that would be caused to the national security, public interest or legitimate rights and interests of individuals and organizations were the m88 casino review tampered, destroyed, disclosed or illegally obtained or used. The Coordination Mechanism of National m88 casino review Security Work shall coordinate the relevant departments to formulate the Important m88 casino review catalogue. m88 casino review related to national security, the lifeline of national economy, the important aspect of people's livelihoods and major public interests belong to the National Core m88 casino review, and should be protected with stricter regulation.
All districts and departments shall, according to the system of m88 casino review protection based on hierarchical classification, determine Important m88 casino review protection catalogue for its own district, department and relevant industry, and give priority to the protection of the m88 casino review listed in the catalogue. (Article 21)
Them88 casino review Security Lawimposes special requirements on the processing of Important m88 casino review: (1) a processor of Important m88 casino review shall appoint person in charge and management organization for m88 casino review security (Article 27); and (2) a processor of Important m88 casino review shall make risk assessments on m88 casino review Processing on a regular basis, and submit the risk assessment reports to the relevant administrative department. An assessment report shall include the category, quantity, the details of the m88 casino review processing activities, the imminent m88 casino review security risks and countermeasures. (Article 30)
The regulation on Important m88 casino review was initiated by theCybersecurity Lawin 2016, which mainly states the requirement on m88 casino review localization and security assessment for cross-border transmission of Important m88 casino review with respect to the Important m88 casino review collected by the operators of critical information infrastructure (“CIIO”). Relevant drafts for comment were issued later on to enumerate and define all categories of Important m88 casino review, for example, theInformation Security Technology-Guidelines for Security Assessment on Cross-border Transmission of m88 casino review (Draft for Comments)and them88 casino review Security Administrative Measures (Draft for Comments), and states the requirements for the processing of Important m88 casino review, for example, them88 casino review Security Administrative Measures (Draft for Comments).
Them88 casino review Security Lawwill establish the rules for the processing of Important m88 casino review, which reflects the continuous deepening of Important m88 casino review management systems. However, them88 casino review Security Lawstill does not provide a clear definition of Important m88 casino review, and leaves it to the districts, departments and industries to issue the relevant lists, which reflects the complexity of classifying and defining m88 casino review in practice.
Article 31 of them88 casino review Security Lawclearly states that the provisions of theCybersecurity Lawshall apply to the cross-border transfer of Important m88 casino review collected and generated by CIIO in the territory of the People's Republic of China; measures for security assessments on cross-border transmission for Important m88 casino review collected and generated by other m88 casino review processors in the operation within the territory of the People’s Republic of China shall be formulated by the cyberspace administrations of the State in conjunction with the relevant departments of the State Council. Therefore, under them88 casino review Security Law, exportation of Important m88 casino review by CIIO will still be subject to administration by Article 37 of theCybersecurity Law, i.e., in principle Important m88 casino review shall be stored locally, and m88 casino review export shall be subject to security assessment; while for other m88 casino review processors, export of Important m88 casino review shall also be subject to specific Important m88 casino review exportation administrative measures. At present, such measures have not been released yet. Therefore, exportation of Important m88 casino review by m88 casino review processors (other than CIIO) is still subject to further clarification.
The concept of National Core m88 casino review was proposed for the first time in them88 casino review Security Law. At present, them88 casino review Security Lawhas not specified more stringent management systems. But Article 45 has stipulated penalties for violations of the National Core m88 casino review management system (the maximum fine can be up to RMB 10 million). We understand that the scope of the National Core m88 casino review and related management system will be further established in the future.
2
m88 casino review Security Risk Management and Control System
Them88 casino review Security Lawrequires the State to establish a unified, efficient and authoritative mechanism for m88 casino review security risk assessment, reporting, information sharing, and monitoring and early warning. The Coordination Mechanism of National m88 casino review Security Work coordinates the relevant departments to strengthen acquisition, analysis, research and judgment, and early warning work of m88 casino review security risk information (Article 22). The details of such a system and the obligations of relevant governmental departments and enterprises will be provided in the relevant supporting regulations to be promulgated in the future.
3
m88 casino review Security Emergency Response Mechanism
The State will establish a m88 casino review security emergency response mechanism. In case of a m88 casino review security incident, the relevant administrative department shall, according to the law, launch the emergency plan and take corresponding emergency measures to eliminate the hidden security hazards, prevent the expansion of damage, and timely issue to the community any warning information in relation to the public (Article 23). The linkage between the foregoing provision and the existing regulations such as the Emergency Response Law needs further observation.
4
m88 casino review Security Censorship
The State will establish a m88 casino review security censorship system to conduct national security reviews on m88 casino review processing that affects or may affect national security. The security review decision made according to law shall be final. (Article 24)
Them88 casino review Security Lawdoes not state the details of the m88 casino review security censorship system. Further, the relationship between such a system and the foreign investment security review system as set out in the existing Foreign Investment Law, as well as the relationship between the security review systems applicable to CIIO as set out in the Cybersecurity Review Measures, needs further observation.
5
m88 casino review Export Control System
The State shall enforce the export control system against m88 casino review which falls into the controlled items and associates with the performance of international obligations and the safeguarding of national security according to the law. The Export Control Law issued on October 17, 2020 states the requirement on the export control of goods, technologies, services and other items, and defines the export control.
Besides, theCybersecurity Law, them88 casino review Security Administrative Measures (Draft for Comments)and thePersonal Information Protection Law (Second Draft for Review)respectively state the requirements on security assessments on the cross-border transmission of Important m88 casino review and personal information by CIIO and network operators, but the relevant detailed rules have not yet been clarified. Measures for security assessment on the cross-border transmission of Important m88 casino review collected and generated by other m88 casino review processors provided by Article 31 of them88 casino review Security Lawhave not yet been released. The coordination and linkage between the m88 casino review export control and the security assessment system for the cross-border transmission of m88 casino review awaits further elaboration from future legislation.
6
Countervailing Mechanisms for Discriminatory Measures
Reciprocal countervailing measures shall be taken against those who take prohibitions, restrictions or similar discriminatory measures against the state in aspects of investment and trade including m88 casino review and m88 casino review development and utilization technology considering the actual circumstances. (Article 26)
VI. Obligation of m88 casino review Security Protection
Chapter 4 of them88 casino review Security Lawstates the obligations that entities and individuals shall fulfill under the national m88 casino review security protection system. These basic obligations include:
to establish and improve the m88 casino review security whole- process management system, give m88 casino review security education and training, and take technical and other necessary measures to ensure m88 casino review security. Using Internet and other information networks to carry out m88 casino review processing activities should fulfill the obligation of m88 casino review security based on the network security classification protection system. (Article 27);
to strengthen risk monitoring, remedial measures shall be taken immediately when risks such as m88 casino review security defects and loopholes are found. To take timely measures and report to the user and the administrative department after the occurrence of any m88 casino review security incident (Article 29);
to obtain m88 casino review in a legal and proper manner (Article 32);
to cooperate with the public security and national security authority in retrieving m88 casino review for the purpose of safeguarding national security or investigating crimes (Article 35);
The competent authorities of China shall handle requests for m88 casino review from foreign judicial or law enforcement bodies in accordance with the relevant laws and international treaties and agreements concluded or acceded to by China, or in accordance with the principle of equality and reciprocity. Without the approval of the competent authorities of China, organizations and individuals within the territory of China shall not provide foreign judicial or law enforcement agencies with m88 casino review stored in the territory of China where an overseas judicial or law enforcement agency asks for the retrieval of m88 casino review stored within China. (Article 36)
In addition to the foregoing basic obligations, them88 casino review Security Lawimposes special m88 casino review security obligations on the agencies engaged in m88 casino review intermediary services, i.e. agencies engaged in the intermediary service of m88 casino review trading shall ask the m88 casino review provider to explain the sources of the m88 casino review, authenticate the identity of the trading parties and preserve audit and transaction records. The suppliers engaged in m88 casino review business and intermediary platforms for m88 casino review transactions shall pay full attention to such requirements (Article 33);
VII. Openness and Security Requirements for Government m88 casino review
In the context of the steady promotion of the electronic government, it is urgent to protect the security of government m88 casino review. On the one hand, the continuous improvement of the transparency and openness of government m88 casino review is required to improve the level of social governance; on the other hand, government m88 casino review is related to national security due to its particularity, the abuse or illegal disclosure of which will endanger the State and society. Thus, Chapter 5 of them88 casino review Security Lawclearly states the requirements on government m88 casino review security and openness, including, among others, national authorities shall engage in m88 casino review processing within the statutory scope of duties, establish and improve the m88 casino review security management system, promptly and accurately disclose government m88 casino review, and establish a safe and controllable open platform of government m88 casino review.
It should be particularly noted that Article 38 requires the national authority to keep the personal privacy, personal information, trade secrets, confidential business information and other m88 casino review known in the performance of their duties confidential, and shall not disclose or illegally provide to others. Article 40 provides that national authorities entrusting others to build and maintain e-government systems, store and process government affairs m88 casino review shall pass strict approval procedures and supervise the entrusted party to fulfill the obligation of m88 casino review security protection. The entrusted party shall perform the obligation of m88 casino review security protection in accordance with the requirements of the laws and the contract, and shall not retain, use, disclose or provide government m88 casino review to others without authorization. Therefore, any third-party supplier that cooperates with the government or provides services to the government should pay special attention to such requirements. Detailed approval procedures are subject to further observation; in addition, suppliers using government m88 casino review for other business purposes are clearly prohibited by them88 casino review Security Law.
VIII. Legal Liability for Violation of m88 casino review Security Protection Obligations
Chapter 6 of them88 casino review Security Lawsets forth the legal liability for any violation of m88 casino review security protection obligations. It is provided in Article 44 that the competent authority may require to interview the relevant entity or individual, require corrective action and the elimination of hidden risks if any major safety risk is found in m88 casino review processing activities. This chapter also specifies the legal liability required to be borne respectively by entities or individuals, m88 casino review trading agents, government authorities or officers with m88 casino review security regulatory responsibilities which carry out m88 casino review processing activities, for the violation of their relevant obligations under the m88 casino review Security Law. It also expressly sets forth that criminal liability will be imposed on any person who has committed a criminal offence according to the law.
Them88 casino review Security Lawprovides for liabilities for entities and individuals in violation of the m88 casino review security protection obligations. For entities, the maximum fine is RMB 2 million, and other punishments may be imposed include the suspension of the relevant business, the suspension of business for rectification, and the revocation of the permit or business license. For individuals, the maximum fine is RMB 200,000 for the directly responsible person in charge and other directly responsible personnel. It is worth noting that activities in violation of the requirements of the National Core m88 casino review management system, endangering national sovereignty, security and development interests, and illegally providing Important m88 casino review may face more severe liabilities. (Article 45 and 46).
Them88 casino review Security Lawalso separately provides for the legal liabilities for not cooperating with the public security and national security to provide m88 casino review, providing m88 casino review to foreign judicial and law enforcement agencies without approval, the offence of agencies engaged in the intermediary service of m88 casino review and other related illegal acts.
Our View
As the first law specific to m88 casino review security in China, them88 casino review Security Lawprovides a legal basis and framework to set forth basic directions and guidelines for m88 casino review security protection in China.
Them88 casino review Security Lawinvolves such a wide range of fields with great complexity and huge challenges will arise. A lot of issues can be foreseen in future practice, including how to connect with the existingCybersecurity Law, thePersonal Information Protection Lawstill being drafted and other laws and subordinate rules, as well as how to draft and implement specific m88 casino review security regulations, and how to achieve the stable and orderly development of the digital economy while protecting m88 casino review security.
m88 casino review-related activities are essential in operating a company, developing a city and running government affairs, especially considering that big m88 casino review, AI, cloud computation, block chain and other hi-techs are growing so fast in the rising digital economy. TheCybersecurity Lawthat came in to effect in 2017 provided a brand-new compliance framework for the m88 casino review-related activities of a company, but with a focus only on personal or Important m88 casino review. So far, no m88 casino review security legislation covering all m88 casino review has been made, and the framework for the legislation and enforcement of laws governing Important m88 casino review are still being studied and built.
Undoubtedly, them88 casino review Security Lawprovides a legal basis and reference for the legal and safe use and processing of m88 casino review in running enterprises and public institutions as well as government affairs, to ensure their internal and external m88 casino review-security related compliance and perform their m88 casino review security related obligations.
The players in various fields, especially in finance, telecommunications, transportation, natural resources and other key fields that may involve Important m88 casino review need to pay attention to the rules and regulations governing m88 casino review classification and Important m88 casino review protection, improve their risk prevention system and their emergency response mechanism relevant to m88 casino review security. Transaction platforms need to improve their systems to review the m88 casino review sources and the transaction parties. The m88 casino review processing services provider for enterprises and public institutions will also be directly influenced by them88 casino review Security Lawin terms of their future business models and obligations. It is advisable for enterprises to assess whether there is any compliance gap in its current practice in accordance with them88 casino review Security Lawand to take relevant remedial measures.
