The Evolution and Regulation of Commercial Cryptography

June 02, 2023 | BY

Susan Mok

A number of important changes will be brought about by newly amended regulations on commercial cryptography. Casper Sek of Jingtian & Gongcheng takes a closer look

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Summary


  • China's regulations for commercial cryptography are out of date and out of sync with the government's current regulatory approach
  • Imminent amended regulations will expand the scope of commercial cryptography while at the same time strengthening state security requirements
  • The amended regulations also set up testing and certification mechanisms and make use of certified products mandatory in some cases
  • However certain critical issues remain unclear, including whether use of China's cryptography algorithms will also be mandatory in some cases
  • Regulators are expected to issue clarifications in due course