Data Security Law of the People's Republic of China
09/08/2022, 06:44
Chapter VI
Legal Liability
Article 44 Where competent departments discover the existence of major
security risks in data processing when they perform their regulatory duties as
regards data security, they may, in accordance with the prescribed limits of
authority and procedures, conduct regulatory talks with the relevant
organizations and/or individuals, and require the relevant organizations and/or
individuals to adopt measures to make rectifications and eliminate potential
hazards.
Article 45 Where an organization or individual that processes data fails to
perform the data security protection obligations provided in Articles 27, 29 and
30 of this Law, the organization or individual shall be ordered to make
rectifications and be given a warning, and may be concurrently fined not less
than RMB 50,000 yuan but not more than RMB 500,000 yuan by the
competent department, and the directly liable persons in charge and other
directly liable persons may be fined not less than RMB 10,000 yuan but not
more than RMB 100,000 yuan. Where the organization or individual refuses to
make rectifications or has caused serious consequences such as a massive data
breach, the organization or individual shall be fined not less than RMB 500,000
yuan but not more than RMB 2 million yuan, and may be ordered to suspend
the relevant business or suspend operations for rectification, or have relevant
business permits or the business license revoked, and the directly liable persons
in charge and other directly liable persons shall be fined not less than RMB
50,000 yuan but not more than RMB 200,000 yuan.
Where the organization or individual violates the national core data
management
rules
and
endangers
national
sovereignty,
security,
or
development interests of the state, the competent department shall impose upon
the organization or individual a fine of not less than RMB 2 million yuan but
not more than RMB 10 million yuan, and may, based on the circumstances,
order a suspension of relevant business or a suspension of operations for
rectification, or revoke relevant business permits or the business license. Where
a crime is constituted, criminal responsibilities shall be investigated in
accordance with the law.
Article 46 Whoever, in violation of the provisions of Article 31 of this
Law, provides important data abroad, shall be ordered to make rectifications
and be given a warning by the competent department, and may be concurrently
fined not less than RMB 100,000 yuan but not more than RMB 1 million yuan,
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