On June 10, 2021, China adopted a new Data Security Law that will impact every business operating in or doing business with China. The law, which will take effect in less than a month (September 1, 2021), is sweeping in scope, imposes extensive data processing obligations, and establishes potentially severe penalties for violations. Although many of the details surrounding implementation remain unclear, given the law’s extensive requirements and severe penalties for noncompliance,… More
Category Archives: China
Department of Homeland Security Releases Homeland Threat Assessment
On October 6, 2020, the Department of Homeland Security (“DHS”) released a 2020 Homeland Threat Assessment (“HTA”). According to Acting Secretary Chad F. Wolf, the “first of its kind report” identifies the primary threats facing the nation and analyzes the vast array of information coming from all DHS operational components that crosses his desk on a daily basis. “When the American people read this HTA they will be more aware of the traditional threats facing the Homeland like terrorism and organized crime. … More
Chinese Regulation of Children’s Personal Data Goes into Effect
On October 1, 2019, China’s new regulation to protect personal data related to children – called the “Measures on Online Protection of Children’s Personal Data” – went into effect.
As we wrote in June, when a draft of the regulation was released by the Cyberspace Administration of China, the regulation contains elements similar to those found in both the United States’ Children’s Online Privacy Protection Act (“COPPA”) and the European Union’s General Data Protection Regulation (“GDPR”).… More
China Expands Its Cybersecurity Regulations
As noted recently in the Wall Street Journal, “New cybersecurity rules will give Chinese authorities sweeping powers to inspect companies’ information technology and access proprietary information—steps that are likely to deepen concerns among foreign businesses about their China operations.” These regulations were issued pursuant to the Cybersecurity Law of the People’s Republic of China, which came into force on June 1, 2017.… More
An Explainer on the Latest (Reported) Chinese Theft of U.S. Defense Information
The Washington Post recently reported that the Chinese Ministry of State Security stole a trove of sensitive defense information from a U.S. Navy contractor working for the Naval Undersea Warfare Center. According to the Post, the information included plans to develop a supersonic anti-ship missile for U.S. submarines, along with “signals and sensor data, submarine radio room information relating to cryptographic systems, and Navy submarine development unit’s electronic warfare library.”
It is no secret that the Chinese government has been building its capacity to project military power in the Pacific ocean for many years,… More
Trump Meets Xi: Will They Talk Cybersecurity?
President Trump has repeatedly claimed that his predecessor was weak on China. But at least with respect to cybersecurity, the facts don’t support that charge. In 2015, “following all-night negotiations,” Robert Silvers writes, the United States convinced China to sign on to a joint commitment against “cyber enabled theft of intellectual property.” Ever since, China’s hacking of U.S. companies has dropped off dramatically. Next month,… More