China's Cybercrime Laws: What Foreign Defendants Face

China's cybercrime laws cover a broad range of conduct — from hacking and data theft to providing tools or services used in cyberattacks. Foreign nationals working in China's IT and tech sectors can find themselves under investigation for activities they may not have realised were criminal. This article explains the legal landscape and common scenarios involving foreign defendants.

China's cybercrime framework is primarily contained in Articles 285, 286, and 287 of the PRC Criminal Law, supplemented by the Cybersecurity Law (2017) and the Data Security Law (2021). Article 285 criminalises unauthorised intrusion into computer information systems, with enhanced penalties for intrusion into systems in key sectors — finance, telecommunications, energy, transport, and government. Article 286 covers sabotage of computer information systems, including deletion, modification, or addition of data, and dissemination of viruses or malware.

What Chinese Cybercrime Law Covers

Foreign IT professionals and cybersecurity researchers working in China face particular risk. Conduct that may be legitimate in other jurisdictions — penetration testing, vulnerability research, or accessing systems without explicit authorisation — can constitute a criminal offence under Chinese law. Additionally, Article 287bis, added in the 2015 amendment, criminalises providing programs or tools specifically for use in cybercrime, which may capture the distribution of certain software. Legal counsel with technical literacy is essential: the defence may turn on forensic analysis of server logs, IP attribution, and whether the defendant had authorisation to access the system in question.

For case-specific advice, contact C&Z Partners for a confidential consultation.

Primary legislation: Criminal Law [CN official]; Criminal Procedure Law [CN official]
Also relevant: PSAPL [CN official]; Exit and Entry Administration Law [CN official]
Official sources: Criminal Law (CN)
Key interpretation: SPC & SPP Guiding Opinions on Plea Leniency (2019)
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