China: Cyberspace Administration of China adopted regulations on the application of the administrative penalty discretion benchmarks of Cyberspace Administration Departments

On 26 June 2025, the Cyberspace Administration of China issued the Regulations on the Application of the Administrative Penalty Discretion Benchmarks of Cyberspace Administration Departments. The regulations aim to standardise how cyberspace administration departments exercise administrative penalty discretion and to safeguard the legal rights of individuals and organisations. They define benchmark levels of penalties, including no punishment, reduced, lenient, general, and severe penalties. The benchmarks are determined based on factors such as the nature and consequences of the violation, subjective fault, and the social impact of the act. Specific circumstances are outlined for reducing or exempting penalties, such as voluntary cooperation or minor first-time offences, as well as for aggravating them, including repeat offences or serious harm to network security or personal data. Fines are to be proportionally calculated within defined ranges. Local cyberspace departments may refine benchmarks in line with regional conditions but must follow the superior authorities' frameworks. Departments must inform parties of the reasons and standards for any penalties and may adjust benchmark application with proper approval if deemed unfair. Higher-level authorities are tasked with supervising implementation, and misuse may result in accountability measures. The regulations will come into force on 1 August 2025.