Yan Luo

Yan Luo

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China Revises Proposals on Regulation of Commercial Encryption

In the past three weeks, China’s State Council and the State Cryptography Administration (“SCA”) issued two documents that reveal a major change in the regulatory regime governing commercial encryption products in China, potentially paving the way for the draft Encryption Law to establish a uniformed encryption regime. This development and its practical implications will be … Continue Reading

China’s State Council Releases Draft Revisions to Process for Formulating Administrative Regulations

For years, the foreign business community has called for greater transparency and opportunities to provide more input into China’s legislative and regulatory rule-making processes. In a small step forward, on July 19, the Legislative Affairs Office of the State Council (“SCLAO”) released draft revisions to the Regulations on Procedures for Formulating Administrative Regulations (“Draft Revisions”) … Continue Reading

China Seeks Public Comments on Draft Regulation on the Protection of Critical Information Infrastructure

On July 11, 2017, the Cyberspace Administration of China (CAC) released the draft Regulation for the Protection of the Critical Information Infrastructure (“Draft Regulation”) for public comment (official Chinese version available here). The comment period ends on August 10, 2017. Aiming to add greater clarification to the Cybersecurity Law, which took effect on June 1, … Continue Reading

China Releases Draft National Intelligence Law for Public Comment

On May 16, 2017, the Legislative Affairs Commission of the National People’s Congress (NPC) Standing Committee of China released for public comment a draft of the National Intelligence Law (“the Draft Law”). The Draft Law, if enacted as drafted, would be the first Chinese statute to systematically address national intelligence related issues, including institutional structures, … Continue Reading

“Cybersecurity Review” Takes Shape in China

When China’s Cybersecurity Law was enacted last November, one question (among many) that surfaced was how the government would implement the “national security review” that the law requires for certain network products and services.  The law, which takes effect this June, provides that any network products and services that might affect national security procured by … Continue Reading

China Moves Forward with Negative List for (Domestic and Foreign) Market Access

In recent years, the business community in China has been abuzz with talk of various market access “negative lists” — lists of exceptions to what would otherwise be open market access. China has now introduced a new market access negative list for all forms of investment in the country, both domestic and foreign. Before describing … Continue Reading

China Enacts Broad Counter-Terrorism Law

On December 27, 2015, the Standing Committee of the National People’s Congress (NPC), China’s top legislative body, enacted a Counter-Terrorism Law (see the Chinese version here), which took effect on January 1, 2016. The adoption of this law, a year after the first draft was released for public comment, followed closely the adoption of a … Continue Reading

China Issues Draft Network Security Law

Close on the heels of a sweeping new National Security Law, the Standing Committee of the National People’s Congress released last month for public comment a very significant draft Network Security Law (“Draft Law”), also referred to as the draft Cybersecurity Law. Since it came into power in 2012, China’s current leadership has attached an … Continue Reading

China’s New National Security Law

The Chinese government made headlines around the world on July 1 when the Standing Committee of the National People’s Congress passed a sweeping new national security law (see official Chinese version here). The scope of the law, China’s most comprehensive piece of national security legislation to date, is broad. It covers issues of political security, … Continue Reading
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