ChinaCommunications Network Security Protection Measures, operator duties
Measures for the Administration of Communications Network Security Protection (Ministry of Industry and Information Technology Order 11) Arts. 5-8, 11-15 and 22
In force since .
A sector security regimes rule binding private bodies.
- Instrument type
- a regulation made under an act
- Obligation class
- Security, Governance
As of .
What it requires
- Applies to a telecommunications business operator or an internet domain name service provider, as to the public communications network and the internet it manages and runs (Article 2); you are reached by declaring that you provide telecommunications services.
- Build network security safeguards together with any new, rebuilt or expanded network project, and acceptance-test and put them into operation together with the main works (Article 6).
- Divide each network in operation into units and grade each unit from level 1 to level 5, from lowest to highest, by the harm its destruction could do to national security, economic operation, social order and the public interest; the telecom administration has experts review the grading (Article 7).
- File the unit division and grading with the telecom administration within 30 days after the grading passes review (Article 8).
- Put in place the safeguards that match each unit's level and run a conformity assessment each year for a unit at level 3 or above and every two years for a level 2 unit, and run a security risk assessment on the same cycle; report the results and your rectification plan to the filing authority within 30 days after the assessment ends (Articles 11 and 12).
- Back up the unit's important lines, equipment, systems and data, run drills and take part in the drills the telecom administration organizes, and build and run a network security monitoring system (Articles 13 to 15).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Penalty structure
Article 22 sets a warning and a fine of 5,000 to 30,000 yuan on an operator that breaches the listed articles and refuses to correct after the telecom administration orders correction.
- Rule
- Fixed only
- As of
- Minimum
- 5,000
- Currency
- CNY
- Fixed cap
- 30,000
Who enforces it
Enforcement body
The Ministry of Industry and Information Technology and the provincial communications administrations, together called the telecom administration (Article 4).
Settledness
- As of
What this law does
The Measures bind telecommunications business operators and internet domain name service providers as to the public communications network and the internet they manage and run. An operator must divide its networks in operation into units and grade each unit from level 1 to level 5 by the harm its destruction could cause to national security, economic operation, social order and the public interest.
A unit graded level 3 or above must undergo a conformity assessment once a year, and a level 2 unit once every two years. An operator that breaches the listed articles and refuses to correct after an order receives a warning and a fine of 5,000 to 30,000 yuan.
When LexLint raises it
When your app profile says your app provides telecom services.