Han Kun Cybersecurity And Data Compliance Series IV: The Unveiling Of Cybersecurity Reviews

On May 2, 2017, the Cyberspace Administration of China ("CAC") issued a trial version of the Measures for the Security Review of Network Products and Services (Trial)("Trial Measures"), which are slated to become effective on June 1.  The Trial Measures are another supporting document of the Cybersecurity Lawthat is intended to enact the cybersecurity review requirements of Article 35 of the Cybersecurity Law, following its issuance on November 7, 2016.

Changes in the Trial Measures

Compared to the original draft for comment version of the measures ("Draft") issued by CAC on February 4, 2017, the Trial Measures make a number of clear adjustments, which mainly include:

1. References to the "public interest" have been removed throughout the regulation. We understand that "public interest" is an ambiguous and broad concept that may lead to a scope that is beyond the boundaries of the cybersecurity review. Thus, the removal of public interest provides for a