Data Security Law of the People's Republic of China 09/08/2022, 06:44 time-efficient, and improve the ability of using data to serve economic and social development. Article 38 Where state organs need to collect or use data to perform their statutory duties, they shall collect or use data within the scope as needed for performance of their statutory duties and under the conditions and procedures provided by laws and administrative regulations. They shall, in accordance with the law, preserve the confidentiality of the data accessed in the course of performing their duties, such as personal privacy, personal information, trade secrets, and confidential business information, and shall not divulge such data or illegally provide them to others. Article 39 State organs shall, in accordance with the provisions of laws and administrative regulations, establish sound data security management systems, fulfill data security protection responsibilities, and ensure the security of government data. Article 40 Where a state organ entrusts others to construct or maintain egovernment systems, or to store or process government data, the state organ shall go through strict approval procedures, and shall supervise the entrusted party in the performance of data security protection obligations. The entrusted party shall perform its data security protection obligations in accordance with the provisions of laws, regulations, and contracts signed, and shall not retain, use, divulge, or provide others with government data without authorization. Article 41 State organs shall, under the principles of fairness, equality and convenience for the people, disclose government data in a timely and accurate manner in accordance with the provisions, except those which shall not be disclosed in accordance with the law. Article 42 The state shall formulate the catalog of open government data, build an open, uniform, standardized, interconnected, safe and controllable government data platform, and promote the release and utilization of government data. Article 43 The provisions of this Chapter shall apply to the data processing carried out by the organizations with the functions of administering public affairs as authorized by laws and regulations for the purpose of performing their statutory duties. http://www.npc.gov.cn/englishnpc/c23934/202112/1abd8829788946ecab270e469b13c39c.shtml Page 9 of 13

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