Think Tank

Taking advantage of the situation to systematically promote cybersecurity legislation and enter a new stage

2026-01-05   

As an important component of national security, cybersecurity plays a fundamental and global role in supporting the development and security of the country's economy. The Cybersecurity Law of the People's Republic of China is an important milestone in China's network legislation, which not only effectively responds to the practical needs of safeguarding network security and promoting the healthy development of information technology, but also has significant implications for the construction of China's network rule of law. On October 28, 2025, the 18th meeting of the 14th National People's Congress Standing Committee voted to pass the Decision of the Standing Committee of the National People's Congress on Amending the Cybersecurity Law of the People's Republic of China, which will come into effect on January 1, 2026. This revision is based on the development direction of the digital age, grasping the trend of the information revolution evolution, adhering to the principle of planning according to the situation, responding to the situation, and taking advantage of the situation, implementing the overall national security concept, scientifically setting legal responsibilities for different types of illegal activities, and systematically guiding the development and security of artificial intelligence. It is of great significance for deepening the rule of law in the internet and further strengthening the national network security barrier. Comprehensively understand the implementation effect of the network security law. The network security situation changes with the development of the technology industry. China's network security legal system also adapts to different stages of Internet development and keeps pace with the times. Among them, the Cybersecurity Law, as the first fundamental law in China to comprehensively regulate network security and informatization, is of great significance for implementing the overall national security concept, safeguarding national sovereignty, security, and development interests in cyberspace, and providing important legal protection for promoting the construction of a strong cyber nation. Since its implementation on June 1, 2017, the Cybersecurity Law has not only established a solid institutional guarantee for China's cybersecurity field, but also comprehensively promoted the standardization and systematic development of China's cyber rule of law construction. On the one hand, the Cybersecurity Law and related laws and regulations together form an organic whole. The Cybersecurity Law not only horizontally links specialized legislation in the field of the Internet such as the Data Security Law of the People's Republic of China and the Personal Information Protection Law of the People's Republic of China, but also collaborates with relevant legislation in the fields of the Civil Code of the People's Republic of China, the Criminal Law of the People's Republic of China, and the Law of the People's Republic of China on the Protection of Minors to jointly build a top-level design for legislation in the field of the Internet; Furthermore, it provides legal basis for administrative regulations such as the "Regulations on the Protection of Key Information Infrastructure Security" vertically, forming a comprehensive legal system for network security. On the other hand, the Cybersecurity Law is accelerating the process of building the rule of law in China's cyberspace. Since the implementation of the Cybersecurity Law, China has continuously improved its cyber legal system, deepened the implementation of cyber rule of law, comprehensively enhanced its awareness and literacy of cyber rule of law, and continuously promoted international exchanges and cooperation in cyber rule of law. Historic achievements have been made in various aspects of cyber rule of law construction, and the construction of a strong cyber country has reached a new level. Accurately understanding the new adjustments to the Cybersecurity Law under the new situation, the world is experiencing unprecedented changes, with profound adjustments to the international power structure, a new round of technological revolution, and accelerated industrial transformation. In this context, the revision of the Cybersecurity Law adapts to the new situation and requirements of cybersecurity, responds to the new developments in strategic technologies such as artificial intelligence, focuses on strengthening legal responsibilities for cybersecurity, strengthens coordination with relevant laws, and highlights the strategic significance of cyberspace for national economic development and security. (1) Implement the overall national security concept and enrich the guiding principles for cybersecurity work. Currently, cyberspace has become the fifth frontier after land, sea, air, and space, and cybersecurity risks have also become a significant variable affecting national security. In recent years, network security risks have become increasingly prominent, with frequent occurrences of illegal activities such as network intrusion, attacks, and dissemination of illegal information, posing new challenges to national security. The revision of the Cybersecurity Law is fundamentally guided by the overall national security concept, and deeply grasps the dialectical unity between development and security. This revision adds a third article, which includes "adhering to the leadership of the Party" as a guiding principle and "building a strong cyber nation" as a law for the first time. This is a direct reflection of General Secretary Xi Jinping's important ideology on building a strong cyber nation, further promoting the legalization of major departments such as the strategy of building a strong cyber nation, and providing fundamental guidance for cyber security work in the new era. (2) Adapt to the new situation of technological application development and increase the promotion of artificial intelligence security and development content. The rapid development of artificial intelligence technology is leading a new round of technological revolution and industrial transformation, profoundly changing the way humans produce and live. New technologies such as artificial intelligence have a "double-edged sword" effect, which is not only a new variable that poses challenges to network security risks, but also a new increment in improving the level of network security protection. The newly revised Cybersecurity Law actively responds to the needs of the healthy development and security governance of artificial intelligence, and adds specialized provisions for artificial intelligence. This is the first time that China has established a dedicated provision for artificial intelligence at the legal level, which not only responds to new challenges such as AI algorithm security and training data leakage, but also achieves a closed loop of technological governance through the provision of "using new technologies such as artificial intelligence to enhance network security protection", realizing the institutional orientation of "promoting security through development and ensuring development through security". (3) Enhance the synergy of the legal system for cybersecurity and strengthen the organic connection between relevant laws. The Cybersecurity Law establishes basic systems for network operation security, network data security, and personal information protection. Since 2021, legislation related to network security, such as the Data Security Law and the Personal Information Protection Law, has been successively formulated and implemented. The "Administrative Penalty Law of the People's Republic of China" has been revised and promulgated to refine and improve the relevant legal system. The newly revised Cybersecurity Law strengthens the organic connection with relevant laws and promotes the formation of a joint force in the legal system. Firstly, new regulations have been added to clarify the legal application of network operators in handling personal information, improving the connection with laws and administrative regulations such as the Civil Code and the Personal Information Protection Law. Secondly, the legal responsibility for infringing on personal information rights and interests, illegally providing important data overseas, and other situations will be changed to cohesive regulations, and the relevant legal responsibility system for network security will be scientifically optimized. Thirdly, we should comprehensively consider the application relationship between the Cybersecurity Law and the Administrative Penalty Law, and promote the refinement of law enforcement work in the field of cybersecurity. (4) Responding to the new demands of regulatory and law enforcement practices, targeted improvement of safety legal responsibilities in key areas. With the continuous development and changes of the domestic and international network security situation, and the successive formulation and implementation of network security related legislation, the adaptability of the existing legal liability provisions in the Network Security Law has become increasingly prominent. The newly revised Cybersecurity Law focuses on addressing prominent issues, effectively enhancing the deterrent power of the law by increasing the cost of illegal activities and improving punishment mechanisms. On the one hand, in combination with the consequences of endangering network security in practice, the punishment for illegal acts such as causing a large amount of data leakage and causing the loss of critical information infrastructure functions has been increased; On the other hand, legal liability provisions will be increased for the sale or provision of network critical equipment and network security specific products that do not meet the requirements, effectively ensuring the security of the supply chain in the network field. (5) Adhere to the principle of classifying and implementing policies based on the severity of punishment, and accurately set legal responsibilities for different types of illegal activities. A scientifically reasonable legal responsibility setting is a powerful guarantee for continuously optimizing the business environment and promoting stable expectations and strong confidence. Especially in the context of accelerated development of new technologies and formats such as artificial intelligence and big data, it is necessary to avoid a one size fits all punishment approach that dampens the enthusiasm and innovation vitality of market entities, and reserve sufficient space for the healthy development of new technologies, formats, and models. The newly revised Cybersecurity Law sets up tiered punishment measures for violations of network operation security and network information security. Policies are classified according to different situations such as general violations, refusal to correct, or serious circumstances that cause particularly serious impacts and consequences. Scientific and reasonable legal responsibilities are set to balance leniency and severity, effectively ensuring that network law enforcement is both strong and warm. The revision of the Cybersecurity Law is an important measure for China to adapt to the development requirements of the information age and build a strong national security barrier. It embodies the concept of coordinating high-quality development and high-level security, and has profound significance for deepening the process of legalizing cyberspace. On January 1, 2026, the revised Cybersecurity Law officially came into effect, marking a new stage in China's legal construction of cybersecurity. Taking this as an opportunity, we should solidly promote the implementation of laws, comprehensively advance the modernization of the national cybersecurity system and capabilities, better play the leading, regulating, and guaranteeing role of the rule of law in reform, development, and stability, and provide more solid legal guarantees for the high-quality development of the digital economy and the steady progress of building a strong cyber nation. (Liao Xinshe) (Author: He Bo, Director of Internet Law Research Center of China Academy of Information and Communication Research)

Edit:Luoyu Responsible editor:Wang Xiaojing

Source:GMW.cn

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