Changtai Technology | Interpretation of the Draft for Comments on the Cybersecurity Law

       Recently, the Cyberspace Administration of the CPC Central Committee and relevant departments drafted the Decision on Amending the Cybersecurity Law of the People's Republic of China (Draft for Comments) (hereinafter referred to as the Draft for Comments).。

        After the in-depth study of Changtai Technology, this revision is mainly for the revision and improvement of some provisions in the Network Security Law, mainly involving the following aspects, come and see!

       First, simplify the terms

Article 59, Article 60, Article 61, and Article 62 of the original article will be merged, and the penalties for illegal subjects such as network operators, network product or service providers, and operators of critical information infrastructure who refuse to correct or the circumstances are serious will be unified。It is unified to "impose a fine of less than one million yuan, and may order the suspension of relevant business, business rectification, close the website, revoke the relevant business license or revoke the business license, and impose a fine of more than 10,000 yuan and less than 100,000 yuan on the directly responsible persons in charge and other directly responsible persons.。”

       Second, increase the severity of punishment

In the case of refusal to correct or serious circumstances，The new circumstances are particularly serious，He may be fined not less than one million yuan but not more than 50 million yuan or not more than 5 percent of the previous year's turnover，And may order to stop the relevant business, suspend business for rectification, close the website, revoke the relevant business license or revoke the business license;The persons directly in charge and other persons directly responsible shall be imposed a fine of not less than 100,000 yuan but not more than one million yuan，It may also decide to prohibit them from serving as directors, supervisors, senior managers of relevant enterprises or engaging in key positions of network security management and network operation within a certain period of time。

       Third, improve the terms

In view of article 63，Engaging in activities that compromise network security，Or provide programs and tools specifically used to engage in activities that endanger network security，On the basis of providing technical support, advertising promotion, payment settlement and other help for others to engage in activities that endanger network security, two types of illegal behavior instructions are added, namely, the establishment of websites for the implementation of illegal and criminal activities, communication groups and the publication of information involving the implementation of illegal and criminal activities。

       (4) The legal liability related to other laws shall be amended into a transferable provision

The legal liability related to "personal information" and "data security" will be amended into a transferable provision。

E.g. Anyone who infringes upon the right to protection of personal information according to law shall be punished in accordance with the provisions of relevant laws and administrative regulations。Those who store network data abroad or provide network data abroad shall be punished in accordance with the provisions of relevant laws and administrative regulations。

       Fifth, add a backstop clause。

In order to adapt to the rapid development of the network security industry, to prevent the lack of strict laws。Increase the bottom strip width。"Laws and administrative regulations do not provide for, by the relevant competent departments according to the intensity of the violation of penalties.。”

      Summary: This revision, in the "legal responsibility" to improve the punishment standard for illegal acts, increased the intensity of punishment, is conducive to ensuring the implementation of the "Network Security Law", promote China to improve the network security system, improve the network security protection ability。(Contributed by Changtai Science and Technology Security Service Department)