Sends automated texts, in China
Cybersecurity Law, classified protection duties of a network operatorsince 5 lines
Cybersecurity Law of the People's Republic of China (as amended by the Decision of ), Art. 23 · Read the law's page
- This binds a network operator, meaning any organization that owns or manages a network or provides services over one, so it reaches every declared activity and every declared role; the level of protection follows the classification of the network under the classified protection system.
- Formulate internal security management rules and operating procedures, designate a person responsible for network security and put network security protection responsibility into effect (Article 23, item 1).
- Take technical measures against computer viruses, network attacks and network intrusions (Article 23, item 2).
- Monitor and record the network's operating status and security incidents and keep the network logs for not less than six months (Article 23, item 3).
- Take data classification, backup of important data and encryption measures (Article 23, item 4).
Network Product Security Vulnerability Management Provisions, network operator duty to repairsince 3 lines
Arts. 8 and 13, Provisions on the Management of Network Product Security Vulnerabilities (Ministry of Industry and Information Technology, Cyberspace Administration of China and Ministry of Public Security) · Read the law's page
- Applies to a network operator, meaning the owner or manager of a network or a provider of services over one, so it reaches an app developer that runs its own servers or service (Articles 2 and 8).
- On finding or learning that your network, information system or equipment has a security vulnerability, take measures at once, verify the vulnerability in good time and complete its repair (Article 8).
- Keep a channel for receiving vulnerability information open and unobstructed, and keep the receipt logs for at least 6 months (Article 5).
Data Security Law, Data Security Protection Obligationssince 5 lines
Data Security Law of the People's Republic of China, Art. 27 · Read the law's page
- This binds any organization or individual engaging in a data-processing activity, regardless of sector, and reaches data generally rather than only personal information.
- Establish and maintain a full-process data-security management system covering the collection, storage, use, processing, transmission, provision, and disclosure of the data you process, and provide data-security education and training to your staff.
- Take the technical measures and other necessary measures appropriate to your processing to keep your data secure.
- Where you process data over the internet or another information network, meet this duty in addition to, not instead of, your classified-protection obligations under the Cybersecurity Law, already this jurisdiction's own deferred network-operator duty.
- If you process important data, an official classification this corpus cannot flag against on its own, designate a person responsible for data security and a managing body, and implement that responsibility.
Data Security Law, Risk Monitoring and Incident Reporting Dutysince 2 lines
Data Security Law of the People's Republic of China, Art. 29 · Read the law's page
- Strengthen risk monitoring of your data-processing activity, and on discovering a data-security defect, vulnerability, or other risk, immediately take remedial measures.
- On an actual data-security incident, immediately take disposal measures, promptly notify affected users as provided, and report the incident to the competent authority; the statute states no numeric deadline, only immediacy and promptness.
- This binds the same data processor as this jurisdiction's Data Security Law data-security-program duty; it adds a risk-monitoring and incident-response duty rather than reaching a different party.
- A processor of important data carries an additional, periodic risk-assessment-and-reporting duty under Article 30 tied to the important-data classification rather than to any activity in this vocabulary, so it is not flagged as its own instrument.
Personal Information Protection Law, automated decisionssince 4 lines
PIPL Art. 24, Art. 55(2) and Art. 56 (automated decision-making) · Read the law's page
- Ensure transparency and non-discriminatory treatment in any automated decision made using personal information, and do not use it for unreasonable differential pricing.
- Offer a non-personalized option or a convenient opt-out wherever automated decision-making is used to push marketing or commercial information.
- Provide an explanation and honor an individual's refusal of a decision made solely by automated means where that decision has a major effect on their rights.
- Complete a personal-information-protection impact assessment before deploying automated decision-making, and keep the assessment report and the processing record for at least three years.
Network Data Security Management Regulation, product vulnerability and incident reportingsince 5 lines
Regulation on Network Data Security Management (State Council Order 790), Arts. 9-11 · Read the law's page
- Applies to a network data processor, meaning an individual or organization that decides for itself the purpose and means of processing network data, for processing in China (Articles 2 and 62); because that reaches almost any organization running a system, this instrument flags on every activity and role this corpus can express.
- Protect network data on the basis of classified cybersecurity protection: keep data security management rules in place and use encryption, backup, access control and security authentication (Article 9).
- On finding a security defect, vulnerability or similar risk in a network product or service you provide, take remedial measures at once, tell users as required and report to the competent department; where national security or the public interest is endangered, also report to the competent department within 24 hours (Article 10).
- Keep an emergency plan for network data security incidents; when an incident occurs, start the plan at once, act to stop the harm spreading and remove the hazard, and report to the competent department as provided (Article 11).
- Where an incident harms the lawful rights and interests of individuals or organizations, promptly tell those affected the incident, the risk, the harm and the remedial steps taken, by phone, text message, instant message, email or public announcement, unless a law or administrative regulation allows non-notification (Article 11).
National Cybersecurity Incident Reporting Measuressince 7 lines
Measures for the Administration of National Cybersecurity Incident Reporting (Cyberspace Administration of China, issued ), Arts. 2, 4, 5, 8, 9, 12, 14 · Read the law's page
- On discovering or becoming aware of a cybersecurity incident affecting your own operations, grade it against China's four-tier National Cybersecurity Incident Classification and Grading Guide (especially major, major, relatively major, ordinary), and report only where you grade it relatively major or above; an ordinary incident carries no report duty under this instrument.
- Where the incident involves critical information infrastructure, report to your sector's protection-work department and to the public security organ within 1 hour of discovering or becoming aware of the incident.
- Where you are a department of a central or state organ, or a directly affiliated unit of one, report to your own department's cyberspace affairs unit within 2 hours of discovering or becoming aware of the incident.for a public body
- Every other network operator must report to the cyberspace administration department of its own province within 4 hours of discovering or becoming aware of the incident.
- Where your industry carries its own reporting rule, also report as your industry's regulator requires, and report a suspected crime to the public security organ promptly.
- Where an organization or individual provides you network-security or system-operation-and-maintenance services under contract, require that provider by contract to promptly report to you any cybersecurity incident it discovers through monitoring, and to assist your own reporting under these Measures; this is the paragraph that reaches a cloud host, managed-security vendor, or AI operator serving you as its customer.
- Within 30 days of completing disposal of a relatively major incident or above, submit a summary report covering the incident's cause, your emergency response, the harm caused, accountability, remediation, and lessons learned, through the same channel you used for the original report.
- This binds a network operator, meaning the owner, manager, or network service provider of a network, that builds or operates a network, or provides a service through a network, inside China; because that reaches almost any organization running a system, this instrument flags on every activity and role this corpus can express rather than a narrower guess.
- A major or especially major incident additionally triggers an escalation between government bodies up to the national cyberspace administration after you report; that further escalation is not a step you perform yourself.
- Taking reasonable and necessary protective measures, disposing of the incident under your emergency plan, effectively reducing its impact and harm, and reporting it promptly as these Measures require can draw lighter treatment, or none at all, of the liability of your unit and its personnel for the incident.