The Cyberspace Administration of China on July 10, 2021, released a draft revision to the existing Cybersecurity Review Measures, with public comments on the revision due July 25.
The following translation indicates changes compared to the previous version in bold italics, with substantive deletions labeled [DELETED: and in brackets]. This translation is based on DigiChina’s translation of the existing Cybersecurity Review Measures, by Lauren Dudley, Graham Webster, Rogier Creemers, and Elsa Kania. The changes were translated by Rogier Creemers and edited by Graham Webster.
Cybersecurity Review Measures (Revised, Draft for Comment)
Article 1: In order to ensure critical information infrastructure (CII) supply chain security and defend national security, in accordance with the “National Security Law of the People’s Republic of China,” the “Cybersecurity Law of the People’s Republic of China” and the “Data Security Law of the People’s Republic of China,” these measures are formulated.
Article 2: Critical information infrastructure operators (hereinafter referred to as operators) procuring network products and services and data handlers (hereinafter referred to as operators) conducting data handling activities that influence or may influence national security should conduct a cybersecurity review according to these measures.
Article 3: Cybersecurity reviews persist in the integration of preventing cybersecurity risks and the application of advanced technology; the integration of a fair and transparent process and the protection of intellectual property rights; the integration of prior review and ongoing supervision; and the integration of enterprise commitment and social supervision; and they conduct reviews on aspects such as the security of products and services and the national security risks they could bring about.
Article 4: Under the leadership of the Central Commission for Cybersecurity and Informatization, the Cyberspace Administration of China, with the National Development and Reform Commission of the People’s Republic of China, the Ministry of Industry and Informatization of the People’s Republic of China, the Ministry of Public Security of the People’s Republic of China, the Ministry of State Security of the People’s Republic of China, the Ministry of Finance of the People’s Republic of China, the Ministry of Commerce of the People’s Republic of China, the People’s Bank of China, the State Administration for Market Regulation, the National Radio and Television Administration, the China Securities Regulatory Commission, the National Administration of State Secrets Protection, and the State Encryption Management Bureau, establishes the cybersecurity review work mechanism.
The Cybersecurity Review Office resides in the Cyberspace Administration of China with the responsibility of formulating cybersecurity review systems and standards and organizing cybersecurity reviews.
Article 5: Operators that purchase network products and services shall anticipate the potential national security risk of products and services after they enter operation. If they influence or could influence national security, a cybersecurity review shall be reported to the Cybersecurity Review Office.
CII protection work departments may formulate guidelines [for anticipating risk] in their industry or sector.
Article 6: Operators holding the personal information of more than 1 million users and newly listing on foreign markets must report for cybersecurity review with the Cybersecurity Review Office.
Article 7: Regarding purchasing activities that are to undergo cybersecurity review, operators should require product and service providers to cooperate with the cybersecurity review through procurement documents or agreements, etc., including a commitment not to exploit the supply of products and services as a convenient way to illegally gain access to user data, illegally control and operate user equipment, or break off product supply or necessary technical support without reasonable grounds.
Article 8: Operators submitting to a cybersecurity review should submit the following materials:
- A written declaration;
- An analytic report on the influence or possible influence on national security;
- A procurement document, agreement, contract to be signed, IPO materials prepared for submission, etc.;
- Other materials required for cybersecurity review work.
Article 9: The Cybersecurity Review Office shall determine whether a review is needed and provide written notice to the operator within 10 working days of receiving the review declaration materials.
Article 10: The cybersecurity review process focuses on assessing the potential national security risks brought about by procurement activities, data processing activities as well as foreign listings, mainly considering the following factors:
- The risk that the use of products and services could bring about the illegal control of, interference with, or destruction of CII [DELETED: , as well as the theft, leak, or damage of important data];
- The harm to CII business continuity of product and service supply disruptions;
- The security, openness, transparency, and diversity of sources of products and services; the reliability of supply channels, as well as the risk of supply disruptions due to political, diplomatic, and trade factors;
- Product and service providers’ compliance with Chinese national laws, regulations, and department rules;
- The risk that core data, important data or large amounts of personal information are stolen, leaked, damaged, or illegally used or exported;
- The risk that after foreign listing, CII, core data, important data, or large amounts of personal information are affected, controlled, or maliciously used by foreign governments;
- Other factors that could harm CII security and national data security.
Article 11: If the Cybersecurity Review Office deems it necessary to launch a cybersecurity review, it shall complete a preliminary review within 30 working days of issuing written notice to the operator, including forming suggested review conclusions and transmitting them to the cybersecurity review work mechanism member units and relevant CII protection work departments for opinions. In cases involving complex situations, the review may be extended an additional 15 working days.
Article 12: The cybersecurity review working mechanism member units and relevant CII protection work departments should respond with their opinions in writing within 15 days of receiving the suggested review conclusion.
If the member units of the cybersecurity review mechanism and relevant CII protection work departments are in agreement, the Cybersecurity Review Office will formally notify the operator of the review conclusion in writing. If the opinions are inconsistent, the special review procedures shall be followed and the operator shall be notified.
Article 13: In accordance with the special review procedures, the Cybersecurity Review Office, after listening to the opinions of relevant departments and units, conducting an in-depth analysis and evaluation, once again forming a review conclusion and recommendation, soliciting the opinions of the cybersecurity review mechanism member units [DELETED: and relevant CII protection work departments], and reporting to the Central Commission for Cybersecurity and Informatization for approval according to procedure, shall form the conclusion of the review and notify the operator in writing.
Article 14: The special review procedure should generally be completed within three months [DELETED: 45 working days]; if the situation is complicated, it can be extended appropriately.
Article 15: If the Cybersecurity Review Office requests the provision of supplementary materials, operators and product and service providers shall cooperate. The time for submitting supplementary materials is not included in the review time.
Article 16: Network products and services, data handling activities, and foreign listing activities that the cybersecurity review work mechanism member units believe affect or could affect national security shall, after being submitted to the Central Commission for Cybersecurity and Informatization for approval, be reviewed by the Cybersecurity Review Office in accordance with the provisions of these Measures.
Article 17: Relevant institutions and personnel involved in cybersecurity review shall strictly protect enterprises’ business secrets and intellectual property rights, and shall undertake confidentiality obligations for the unpublished materials submitted by operators and product and service providers, and other unpublished information learned during review work; without the consent of the information provider, it may not be disclosed to unrelated parties or used for purposes other than review.
Article 18: If an operator or a provider of network products and services believes that the review personnel are unfair and impartial, or that they fail to undertake the obligation of confidentiality of information learned during the review, they may report to the Cybersecurity Review Office or relevant department.
Article 19: Operators shall urge product and service providers to fulfill the commitments made in the cybersecurity review.
The Cybersecurity Review Office strengthens pre-event, in-progress, and post-event supervision by accepting reports and other forms.
Article 20: Operators who violate the provisions of these Measures shall be dealt with in accordance with the provisions of [DELETED: Article 65 of] the “Cybersecurity Law of the People’s Republic of China” and the “Data Security Law of the People’s Republic of China.”
Article 21: In these Measures, “critical information infrastructure operators” refers to operators designated by CII protection work departments.
The “network products and services” mentioned in these Measures primarily refer to core network equipment, important telecommunications products, high-performance computers and servers, large-capacity storage devices, large-scale databases and application software, cybersecurity equipment, cloud computing services, and other important network products and services that have important influence on the security of CII.
Article 22: Where information related to state secrets is involved, the relevant national secrecy protection provisions apply.
Article 23: These Measures take effect on month day, 2021, and the “Network Product and Service Security Review Measures (Trial)” will be abolished at the same time.
Captured July 12, 2021
第二十三条 本办法自2021年 月 日起实施，《网络产品和服务安全审查办法（试行）》同时废止。