强化平台治理 筑牢网络安全法治根基
Xin Lang Cai Jing·2025-12-31 12:42

Core Viewpoint - The development of the digital economy relies on innovations in key technologies like artificial intelligence and a reliable cybersecurity framework. The upcoming amendments to China's cybersecurity law aim to address the evolving challenges in cybersecurity governance and will take effect on January 1, 2026 [1][2]. Group 1: Key Features of the Amendments - The legal responsibility system has been made more scientific and reasonable, introducing various administrative penalties such as warnings, fines, business suspensions, and license revocations, with increased maximum fines to ensure compliance from network platform operators [2][3]. - The connection between different legal systems has been improved, emphasizing that network operators must comply with the Civil Code, Data Security Law, and Personal Information Protection Law when handling personal information [2][3]. - The technical response mechanisms have been enhanced, particularly addressing cybersecurity issues in the artificial intelligence sector, providing comprehensive institutional support for its healthy development [2][3]. Group 2: Legal Responsibility Changes - The amendments require platforms to not only stop the transmission of illegal information but also to report it to relevant authorities, creating a complete response loop that reflects a preventive governance philosophy [3][4]. - In terms of personal information protection, the amendments incorporate the Civil Code and other laws into the legal basis for cybersecurity obligations, guiding platforms towards systematic compliance [3][4]. - The revised penalties for severe violations can reach between 2 million to 10 million yuan, and responsible personnel may also face administrative penalties, ensuring accountability at the management level [3][4]. Group 3: Recommendations for Platform Enterprises - Network platform enterprises must promptly adjust and review their cybersecurity protection systems and technical measures to avoid severe legal liabilities in the event of major cybersecurity incidents [4]. - There is a need to transition from establishing a cybersecurity compliance system to continuously improving it, covering the entire lifecycle of network systems [4]. - Large platforms should establish dedicated security management organizations led by senior management, conduct comprehensive risk assessments, and develop actionable emergency response plans [4]. Group 4: Regulatory Coordination - Regulatory bodies need to enhance their coordination roles, forming a cross-departmental collaborative mechanism for law enforcement and judicial actions [5]. - The governance of cybersecurity is a systemic social governance project involving multiple departments, necessitating information sharing and joint enforcement mechanisms [5]. - This regulatory adjustment is crucial for aligning penalties with the degree of negligence in fulfilling cybersecurity obligations by platform enterprises [5]. Group 5: Future Cybersecurity Landscape - The cybersecurity protection efforts in China will unfold in a more complex international and domestic environment, guided by a comprehensive national security perspective [6]. - The amendments to the cybersecurity law are seen as foundational measures to address urgent governance needs and prepare for future risks [6]. - Cybersecurity governance is a dynamic and evolving process that requires continuous optimization and adherence to legal principles [6].