China: Consultation closed on the Administrative Penalty Discretion Guidelines for Data Security in the Industrial and Information Technology Fields

On 22 December 2023, the Chinese Ministry of Industry and Information Technology closed a consultation on the Administrative Penalty Discretion Guidelines for Data Security in the Industrial and Information Technology Fields.The guideline aims to institutionalise and standardise the levying of administrative penalties for data security violations. The draft specifies that the authorities have additional powers regarding the imposition of penalties and outlines circumstances for imposing or not imposing penalties, as well as factors affecting the severity of penalties. The guidelines specify that authorities will have to consider the nature of violations, corrective actions taken, and cooperation with regulatory authorities. The draft also defines terms related to administrative penalties and specifies the responsibility of the Ministry of Industry and Information Technology in interpreting these guidelines.