Status regarding Budapest ConventionStatus : NA See legal profile
The Chinese Government published a ‘National Cyberspace Security Strategy’ in December 2016, which addresses the threat of cybercrime to “social security”. One of the strategic tasks listed is “Attacking cyber terrosim, law-breaking and crime”, which refers to “control at the source and lawfully prevent, strictly attack online fraud, online theft, arms and drug trafficking, infringement of citizens’ personal information, dissemination of obscenity and sex, hacking attacks, infringement of intellectual property rights and other such unlawful and criminal activities.” The last priority listed is strengheting international cooperation in cyberspace.
China’s ‘International Strategy of Cooperation on Cyberspace’ (2017) also includes international cooperation on cybercrime, better cyber governance, promotion of the ICANN reform, and the protection of citizens’ privacy, amongst the plan of action.
State of cybercrime legislation
Criminal Law (1997) – includes provisions on offences against computers, information systems and electronic data; cyber-enabled fraud, theft, embezzlement, misappropriation of public funds and espionage; reproduction and distribution of IP, including computer software; and telecommunications fraud, interference and sabotage. (Articles 285, 286, 286-1, 287, 287-1 and 287-2 of the 1997 Penal Law in Chapter VI, “Crimes of Disrupting the Order of Social Administration”, 1997 Penal Law; 2015 Penal Law Amendment IX).
Cybersecurity Law (2016) – contains provisions covering cyber security, data protection, privacy, data localisation, and network crimes. New Cybersecurity Law entered into force in 2017 also specifies data retention requirements for providers.
The Chinese Government also runs a digital crime reporting platform for citizens (www.cyberpolice.cn).
The National Computer Network Emergency Response Technical Team Coordination Centre of China (CNCERT) is a non-governmental organisation responsible for coordinating responses to, and sharing information and threat intelligence on, cyber threats.