China’s proposed new cryptography law

On 13 April 2017, the Office of the State Commercial Cryptography Administration (“OSCCA”) published the first draft Cryptography Law of the People’s Republic of China.

The draft law seeks to provide a unified approach to the regulation of cryptography (defined as “any object or technology which uses a special alteration to encrypt or authenticate data or other information”), including its production, sale, import, export, testing, certification and use. The draft consolidates various aspects of the existing cryptography regime (which has been in place since 1999), and earmarks certain areas for further detailed regulation.

In this alert, we consider key areas of the draft law that are likely to be of general interest to users of cryptography in the PRC.

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