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China

Country:
Survey Answer:

Yes, Amendment IX to the Criminal Law adds Article 286a, which provides that criminal charges may be pursued in cases where a network service provider fails to observe its cybersecurity obligations and refuses to make corrections after being ordered to do so by the regulatory authorities if any of the following apply:
• The failure results in the dissemination of a large volume of “illegal information”
• The failure results in the disclosure of user information which causes serious consequences;
• The failure results in the loss of evidence in a criminal case under serious circumstances;
• Other serious circumstances.

Provided By:
David Tang, Han Kun Law Offices