By Wang Rui, Xiao Yu, and Andrew Fuller, King & Wood Mallesons’ M&A Group

汪律师Introduction

As early as 27 February 2014, President Xi Jinping, the head of the Office of the Central Leading Group for Cyberspace Affairs, said that “No cyber safety means no national security.”[1] On 1 July 2015, the National Security Law of the People’s Republic of China (《中华人民共和国国家安全法》)( NSL )[2] came into effect. For the first time, the NSL clearly provides that the state shall “safeguard sovereignty, security and development interests of cyberspace in the state.”[3]

Cyber security has become an increasingly prominent issue, and the Chinese government chosen to focus on several key areas of concern. First, illegal intrusions and attacks in cyberspace that seriously threaten China’s information infrastructure across all significant sectors. Second, increased illicit online activities that harm Chinese society, particularly in the areas of personal information theft and intellectual property misappropriation. Third, the increased use of China’s networks to promote terrorism, extremism, instigation, or subversion of the system, all of which threaten national security and the public interest.[4]
Continue Reading Cyber Security Draft Law Tightens Grip on China’s Network Security

By Armstrong Chen , Han Min and Zhang Jun King & Wood Mallesons’ Dispute Resolution Group

chen_armstrongOn December 26, 2014, The China Banking Regulatory Commission (CBRC) and the Ministry of Industry and Information Technology(MIIT) jointly issued the Guide to Promote Banking Application of Secure and Controllable Information Technology (2014 to2015) (CBRC Banfa [2014] No.317, “Guide No.317”,or the “Guide”). The Guide immediately triggered a heated discussion amongst domestic and foreign enterprises; and in particular by foreign information technology providers in China.  So controversial is the Guide that it has led to questions being passed from US President Barack Obama to his Chinese counterpart, President Xi Jinping. What is Guide No.317 and why has it been the cause of such controversy?
Continue Reading Quake invoked: The Guide to Promote Banking Application of Secure and Controllable Information Technology issued