China Amends The Counter-Espionage Law

TAKEAWAYS

• With the amended Counter-Espionage Law, China has broadened its definition of "espionage" to give information related to "national security and interests" the same protections already given to state secrets.
• The amended law prohibits specified conduct and provides new guidance for the obligations of Chinese government agencies, entities and individuals in protecting national security.
• While the amended law provides new guidance in several areas, further guidance is anticipated; companies with operations, employees and data in China should follow further developments closely to ensure compliance with the law.

On April 26, 2023, the Standing Committee of the National People's Congress of the People's Republic of China (PRC) passed an amended Counter-Espionage Law. These changes constitute the first amendments to the Counter-Espionage Law since its introduction in November 2014. The amended law will come into effect on July 1, 2023.