Unlocking the Cloud

飞上云端

| BY

Susan Mok

Bin (Ben) Qi and Casper Sek of Jin Mao Partners analyze the cybersecurity and telecom license requirements for cloud computing and data centers, and how the IT market access restrictions shape foreign investment strategy 金茂凯德律师事务所的齐斌律师和石钛戈律师分析了对云计算和数据中心的网络安全和电信业务许可的要求，以及IT市场准入限制如何影响外商的投资策略

1. What are the latest legal updates impacting the IT industry?

Article 23 of the CSL, which took effect on June 1, 2017, requires that “critical network equipment” and “dedicated cybersecurity products” may only be sold or provided in China after receiving security certification or passing a security test. The first catalogue for these equipment and products was published by the Cyberspace Administration of China (CAC) in June. Article 23 demonstrates China's resolve to mitigate these risks and may pose a significant market entrance check on foreign IT equipment manufacturers.

Article 35 of the CSL mandates the provision of advanced protection for critical information infrastructure (CII)—which covers a broad scope. CII operators are required to complete a “national security review” when purchasing network products and services that may affect national security. Article 37 further requires CII operators to locally store personal information and important data gathered or generated in mainland China.

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