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(2019Year10month26Adopted at the 14th meeting of the Standing Committee of the 13th National People's Congress on July 1)
Directory
Chapter 1 General Provisions
Chapter 2 Core Passwords and Common Passwords
Chapter 3 Commercial Password
Chapter 4 Legal Liability
Chapter 5 Supplementary Provisions
Chapter 1 General Provisions
Article 1In order to standardize password application and management,Promote the development of cryptography,Ensure network and information security,Maintaining national security and social public interests,Protect citizens、Legitimate rights and interests of legal persons and other organizations,Enactment of this Law。
Article 2Password as referred to in this law,refers to the use of specific transformation methods to encrypt and protect information、Security authentication technology、Products and Services。
Article 3Encryption work adheres to the overall national security concept,Follow unified leadership、Grade Responsible,Innovative Development、Serve the overall situation,Management according to law、Principles of ensuring safety。
Article 4Uphold the leadership of the Communist Party of China in cryptography work。The Central Cryptocurrency Leading Body exercises unified leadership over the national cryptography work,Formulate major national cryptography policies,Coordinate major national cryptographic matters and important work,Promote the construction of national cryptographic rule of law。
Article 5The National Encryption Management Department is responsible for managing encryption work nationwide。Local cryptography management departments at or above the county level are responsible for managing cryptography work in their respective administrative regions。
State agencies and units involved in cryptographic work are responsible for this agency within the scope of their duties、The password work of this unit or this system。
Article 6The state implements classified management of passwords.
Passwords are divided into core passwords、Common passwords and commercial passwords。
Article 7Core password、Common passwords are used to protect state secret information,The highest level of core password protected information is top secret,The highest level of confidentiality for ordinary password-protected information is confidential。
Core password、Common passwords are state secrets。The password management department shall comply with this law and relevant laws、Administrative regulations、Relevant national regulations on core passwords、Ordinary passwords are strictly managed in a unified manner。
Article 8Commercial passwords are used to protect information that is not state secrets.
Citizen、Legal persons and other organizations may use commercial passwords to protect network and information security in accordance with the law。
Article 9The state encourages and supports cryptographic science and technology research and application,Protect intellectual property rights in the field of cryptography according to law,Promote cryptographic science and technology progress and innovation。
The state strengthens cryptography talent training and team building,To organizations and individuals who have made outstanding contributions to cryptography work,Commendations and rewards will be given in accordance with relevant national regulations。
Article 10The state adopts various forms to strengthen password security education,Incorporate password security education into the national education system and civil servant education and training system,Enhanced Citizenship、Password security awareness of legal persons and other organizations。
Article 11People’s governments at or above the county level shall incorporate cryptography work into their national economic and social development plans,The required funds are included in the financial budget at the same level。
Article 12No organization or individual may steal other people’s encrypted and protected information or illegally invade other people’s password protection systems。
No organization or individual may use passwords to endanger national security、Social public interest、Illegal and criminal activities such as other people’s m88 online bettinglegitimate rights and interests。
m88 sports bettingChapter 2 Core Password, Common Password
Article 13National strengthened core password、Scientific planning of ordinary passwords、Management and use,Strengthen system construction,Improve management measures,Enhance password security capabilities。
Article 14On WIRED、State secret information transmitted in wireless communication,and storage、Information system that handles state secret information,Should be in accordance with the law、Administrative regulations and relevant national regulations use core passwords、Common password for encryption protection、Security certification。
Article 15Engaging in core cryptography、General cryptography research、Production、Service、Detection、Equipment、Organization for use and destruction(Hereinafter collectively referred to as the cryptography agency)Should be in accordance with the law、Administrative regulations、Relevant national regulations and core passwords、Requirements for common password standards,Establish and improve safety management system,Adopt strict confidentiality measures and confidentiality responsibility system,Ensure core password、Security of ordinary passwords。
Article 16The password management department determines the core password of the password work organization in accordance with the law、Guidance on common password work、Supervision and Inspection,The cryptography agency should cooperate。
Article 17The password management department works together with relevant departments to establish core passwords based on work needs、Security monitoring and warning for common passwords、Security Risk Assessment、Information Notice、Collaboration mechanisms for major matters consultation and emergency response,Ensure core password、Coordinated, orderly and efficient general password security management。
The cryptography agency discovered the core password、Ordinary passwords leaked or affecting core passwords、Major issues in common password security、Risks and dangers,Response measures should be taken immediately,And report it to the confidential administrative department in a timely manner、Password Management Department Report,By Confidentiality Administration、The password management department will organize an investigation together with relevant departments、Disposal,And guide relevant cryptography agencies to eliminate security risks in a timely manner。
Article 18The state strengthens the construction of cryptography work institutions,Ensure them to perform their job responsibilities。
National establishment adaptive core password、Recruitment of personnel required for general password work、Select、Confidential、Assessment、Training、Treatment、Rewards and Punishments、Communication、Exit and other management systems。
Article 19Password management department due to work needs,In accordance with relevant national regulations,Can be referred to the police、Transportation、Customs and other departments have set the core password、General password-related items and personnel are exempted from inspection and other conveniences,Relevant departments should provide assistance。
Article 20Cryptographic management departments and cryptographic work agencies should establish and improve strict supervision and security review systems,Supervise its staff’s compliance with laws and disciplines,And take necessary measures in accordance with the law,Organize security reviews regularly or irregularly。
Chapter 3 Commercial Password
Article 21The state encourages the research and development of commercial encryption technology、Academic Exchange、Transformation and promotion of results,Sound and unified、Open、Competition、Organized commercial encryption market system,Encourage and promote the development of the commercial encryption industry。
People’s governments at all levels and their relevant departments shall abide by the principle of non-discrimination,Treat commercial cryptography research, including foreign-invested enterprises, equally in accordance with the law、Production、Sales、Service、Import and export units(Hereinafter collectively referred to as commercial cryptography practitioners)。The state encourages commercial encryption technology cooperation based on voluntary principles and business rules in the process of foreign investment。Administrative agencies and their staff shall not use administrative means to force the transfer of commercial encryption technology。
Scientific research on commercial encryption、Production、Sales、Services and Import and Export,No harm to national security、Public interests or the m88 online bettinglegitimate rights and interests of others。
Article 22The state establishes and improves the commercial encryption standard system.
The standardization administrative department of the State m88 live casino and sports m88 bet loginbettingCouncil and the national cryptography management department shall be based on their respective responsibilities,Organize the development of national standards for commercial encryption、Industry Standard。
State-supported social groups、Enterprises use independent innovation technology to set standards higher than national standards、Commercial cryptography group standards for technical requirements related to industry standards、Enterprise Standard。
Article 23The state promotes participation in international standardization activities for commercial encryption,Participate in the formulation of international standards for commercial encryption,Promote the transformation and application between Chinese standards and foreign standards for commercial encryption。
The state encourages enterprises、Social groups and education、Scientific research institutions and others participate in international standardization activities for commercial encryption。
Article 24Commercial cryptography practitioners carry out commercial cryptography activities,Should comply with relevant laws、Administrative regulations、Mandatory national standards for commercial encryption and technical requirements for the public standards of this industry unit。
The state encourages commercial cryptography practitioners to adopt recommended national standards for commercial cryptography、Industry Standard,Improve the protection capabilities of commercial passwords,Protect the m88 online bettinglegitimate rights and interests of users。
Article 25The state promotes the construction of commercial password testing and certification system,Develop technical specifications for commercial password detection and authentication、Rules,Encourage commercial cryptography practitioners to voluntarily accept commercial cryptography testing and certification,Improve market competitiveness。
Commercial password detection、Certification agencies should obtain relevant qualifications in accordance with the law,And in accordance with the law、Provisions of administrative regulations and technical specifications for commercial password testing and certification、Rules for commercial password testing and certification。
Commercial password detection、Certification agencies shall bear confidentiality obligations for state secrets and commercial secrets they learn during commercial cryptography testing and certification。
Article 26Involving national security、National economy and people’s livelihood、Commercial encryption products for social and public interests,Should be included in the catalog of key network equipment and network security products according to law,After passing the inspection and certification by a qualified institution,may be sold or provided。The relevant provisions of the "Cybersecurity Law of the People's Republic of China" apply to the testing and certification of commercial encryption products,Avoid repeated testing and certification。
Commercial encryption services using key network equipment and network security-specific products,The commercial encryption service should be certified by a commercial encryption certification agency。
Article 27Law、Administrative regulations and relevant national regulations require the use of commercial passwords to protect critical information infrastructure,The operator should use commercial passwords for protection,Carry out security assessment of commercial password applications by yourself or by entrusting a commercial password testing agency。The security assessment of commercial cryptography applications should be consistent with the security testing and assessment of critical information infrastructure、Connection of network security level assessment systems,Avoid duplication of evaluation、Evaluation。
Operators of critical information infrastructure purchase network products and services involving commercial encryption,May affect national security,Should be in accordance with the provisions of the "Cybersecurity Law of the People's Republic of China",Passed the national security review organized by the national cyberspace department in conjunction with the national cryptography management department and other relevant departments。
Article 28Commerce Department of the State Council、The national cryptography management department conducts investigations involving national security in accordance with the law、Commercial encryption implementation import license with public interest and encryption protection function,Involving national security、Export control is implemented for commercial encryption that is in the public interest or China has international obligations。The commercial encryption import license list and export control list are formulated and announced by the commerce department of the State Council in conjunction with the national encryption management department and the General Administration of Customs。
Commercial encryption used in mass consumer products is not subject to import licensing and export control systems。
Article 29The national cryptography management department certifies institutions that use commercial cryptography technology to provide e-government electronic authentication services,Work with relevant departments to be responsible for the use of electronic signatures in government affairs、Management of data messages。
Article 30Industry associations and other organizations in the field of commercial encryption in accordance with the law、Provisions of administrative regulations and charters,Provide information for commercial cryptography practitioners、Technology、Training and other services,Guide and urge commercial cryptography practitioners to carry out commercial cryptography activities in accordance with the law,Strengthen industry self-discipline,Promote the construction of industry integrity,Promote the healthy development of the industry。
Article 31The cryptography management department and relevant departments have established an interim and ex-post supervision system for commercial cryptography that combines daily supervision and random inspections,Establish a unified commercial password supervision and management information platform,Promote the connection between interim and ex-post supervision and the social credit system,Strengthen the self-discipline and social supervision of commercial cryptography business units。
The cryptography management department and relevant departments and their staff shall not require commercial cryptography practitioners and commercial cryptography testing、The certification body discloses source code and other password-related proprietary information to it,And strictly keep confidential the business secrets and personal privacy that they know in the performance of their duties,Do not disclose or illegally provide to others。
Chapter 4 Legal Liability
Article 32Violation of Article 12 of this Law,Steal other people’s encrypted information,Illegal intrusion into other people’s password protection systems,Or use passwords to endanger national security、Social public interest、Illegal activities such as other people’s legitimate rights and interests,By relevant departments in accordance with the "Cybersecurity Law of the People's Republic of China" and other relevant laws、Pursuing legal liability according to administrative regulations。
Article 33Violation of Article 14 of this Law,Core password not used as required、Normal password,Ordered by the password management department to correct or stop illegal activities,Give warning;Serious circumstances,Recommended by the cryptography management department to relevant state agencies、The unit shall punish or deal with the directly responsible person in charge and other directly responsible personnel in accordance with the law。
Article 34Violation of the provisions of this law,Core password occurred、General password leak cases,By Confidentiality Administration、The password management department recommends relevant state agencies、The unit shall punish or deal with the directly responsible person in charge and other directly responsible personnel in accordance with the law。
Violation of the second paragraph of Article 17 of this Law,Core password found、Ordinary passwords leaked or affecting core passwords、Major issues in common password security、Hidden risks,No immediate response measures,Or failure to report in time,By Confidentiality Administration、The password management department recommends relevant state agencies、The unit shall punish or deal with the directly responsible person in charge and other directly responsible personnel in accordance with the law。
Article 35Commercial password detection、The certification body violated paragraph 2 of Article 25 of this Law、The third paragraph provides for commercial password testing and certification,The market supervision and management department together with the cryptography management department shall order the correction or cessation of illegal activities,Give warning,Confiscation of illegal gains;Illegal income of more than 300,000 yuan,A fine of not less than one time but not more than three times the illegal income may be imposed;No illegal income or illegal income of less than 300,000 yuan,A fine of not less than RMB 100,000 but not more than RMB 300,000 may be imposed;Serious circumstances,Relevant qualifications revoked according to law。
Article 36Violation of Article 26 of this Law,Selling or providing commercial encryption products that have not been tested and certified or have failed to pass the testing and certification,Or provide uncertified or uncertified commercial password services,The market supervision and management department together with the cryptography management department shall order the correction or cessation of illegal activities,Give warning,Confiscating illegal products and illegal income;Illegal income of more than 100,000 yuan,A fine of not less than one time but not more than three times the illegal income may be imposed;No illegal income or illegal income of less than 100,000 yuan,A fine of not less than RMB 30,000 but not more than RMB 100,000 may be imposed。
Article 37Operators of critical information infrastructure violate the provisions of Article 27, Paragraph 1 of this Law,Business password is not used as required,Or failure to conduct security assessment of commercial password applications as required,Ordered to correct by the password management department,Give warning;Refuse to correct or cause consequences such as endangering network security,A fine of not less than 100,000 yuan but not more than 1 million yuan,A fine of not less than RMB 10,000 but not more than RMB 100,000 shall be imposed on the directly responsible person in charge。
Operators of critical information infrastructure violate the provisions of Paragraph 2 of Article 27 of this Law,Using products or services that have not been reviewed or failed m88 online sports bettingto m88 sports bettingpass the security review,Ordered by relevant competent authorities to stop use,A fine of not less than one time but not more than ten times the purchase amount;A fine of not less than RMB 10,000 but not more than RMB 100,000 shall be imposed on the directly responsible person in charge and other directly responsible personnel。
Article 38Implementation of import license in violation of Article 28 of this Law、Export control regulations,Import and export commercial password,Penalized by the commerce department of the State Council or customs in accordance with the law。
Article 39Violation of Article 29 of this Law,Uncertified to engage in e-government electronic authentication services,Ordered by the password management department to correct or stop illegal activities,Give warning,Confiscating illegal products and illegal income;Illegal income of more than 300,000 yuan,A fine of not less than one time but not more than three times the illegal income may be imposed;No illegal income or illegal income of less than 300,000 yuan,A fine of not less than RMB 100,000 but not more than RMB 300,000 may be imposed。
Article 40Password management department and relevant departments、The staff of the unit abused their authority in password work、Neglect of Duty、Practice for personal gain,Or leaked、Illegal provision of business secrets and personal privacy learned in the performance of duties to others,Punishment according to law。
Article 41Violation of the provisions of this law,Constituting a crime,Pursuing criminal responsibility according to law;Causing harm to others,Bear civil liability according to law。
Chapter 5 Supplementary Provisions
Article 42National cryptography management department in accordance with the law、Provisions of administrative regulations,Develop password management rules。
Article 43Management Measures for Cryptographical Work of the Chinese People’s Liberation Army and the Chinese People’s Armed Police Force,Enacted by the Central Military Commission in accordance with this law。
Article 44This law comes from2020Year1month1Effective from today.
(Source: Cyberspace Administration of China)