The "Network Security Review Measures" answered reporters' questions
January 4, 2022
Recently, the State Internet Information Office, the National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Public Security, the Ministry of State Security, the Ministry of Finance, the Ministry of Commerce, the Chinese Bank, the State Administration for Market Regulation, the State Administration of Radio and Television, the China Securities Regulatory Commission, the State Secrets Administration, the State Cryptography Administration and other thirteen departments jointly revised the "Network Security Review Measures" (hereinafter referred to as the "Measures"), which will be implemented from February 15, 2022. The relevant person in charge of the State Internet Information Office answered reporters' questions on issues related to the "Measures."
Q: Please briefly introduce the background of the revision of the "Measures"?
A: Cybersecurity review is an important legal system in the field of cyber security. Since its implementation on 1 June 2020, the original Measures have played an important role in ensuring the security of the critical information infrastructure supply chain and safeguarding national security by reviewing the procurement activities of critical information infrastructure operators and initiating a review of some important products.
On September 1, 2021, the Data Security Law came into effect, clearly stipulating that the state shall establish a data security review system. Based on this, we have revised the Measures for Network Security Review, including situations such as the impact or potential impact of national security by network platform operators in carrying out data processing activities, and clearly requiring network platform operators with more than 1 million users' personal information to apply for network security review when going public abroad, with the main purpose of further ensuring network security and data security and safeguarding national security.
Q: What are the possible results of network platform operators going abroad to apply for network security review?
A: Opening up to the outside world is China's basic national policy, and we always support domestic enterprises to rationally use the overseas capital market for financing and development in accordance with laws and regulations. The "Measures" make it clear that "network platform operators who hold the personal information of 1 million users must apply for network security review when going public abroad", and there may be three situations in which the network security review is declared: first, there is no need for review; second, after initiating the review, after research and judgment does not affect national security, they can continue to go abroad to list procedures; third, after initiating the review, those who affect national security are not allowed to go to foreign listing.
Q: How to understand the data processing activities involved in cybersecurity reviews?
A: According to the Data Security Law, data processing activities include activities such as data collection, storage, use, processing, transmission, provision, and disclosure. The Measures focus on situations in which network platform operators carry out the above-mentioned data processing activities, which affect or may affect national security.
Q: When will network platform operators apply for listing abroad for network security review?
A: Network platform operators should apply for network security review before submitting a listing application to foreign securities regulators.
Q: How to submit the application materials for the network security review of foreign listings?
A: The Cyber Security Review Office is located in the State Internet Information Office, and the specific work is entrusted to the China Cyber Security Review Technology and Certification Center. Under the guidance of the Cyber Security Review Office, the China Cyber Security Review Technology and Certification Center undertakes tasks such as receiving the declaration materials and conducting formal examination of the declaration materials. The China Cyber Security Review Technology and Certification Center has set up a network security review consultation window.
Contact address: Zhongzhong Building, No. 10, Chaowai Street, Chaoyang District, Beijing
Source Netinfo China WeChat public account
Edited by Zeng Jiajia
Process Editor Tai Shaofeng
![Network platforms with more than 1 million users must apply for network security review when listing abroad[fig]](data:image/gif;base64,R0lGODlhAQABAIAAAP///wAAACwAAAAAAQABAAACAkQBADs=)