What does commercial cryptography cover?
Article 2 defines cryptography broadly as technologies, products, and services that use specific transformations to encrypt information or provide . The category can therefore cover a cryptographic authentication function even when confidentiality is not the main purpose. Articles 6-8 then divide cryptography into core, ordinary, and commercial categories.
protect state-secret information and are subject to strict unified management. protects information that is not a state secret, and citizens, legal persons, and other organisations may lawfully use it to protect network and information security.
The word commercial describes the statutory non-state-secret category; it does not mean that only businesses use it or that every product sold commercially follows a mandatory approval route. The law also requires authorities to treat foreign-invested enterprises lawfully and equally in commercial-cryptography research, production, sale, service, and import or export activities.
The Cryptography Law took effect on 1 January 2020. The revised Administration Regulation took effect on 1 July 2023 and applies within China to commercial-cryptography research, production, sale, service, testing, certification, import, export, application, and supervision. Its definition confirms that commercial cryptography includes technologies, products, and services used for encryption protection or of non-state-secret information.
Articles 2, 6-8, and 21 define cryptography, distinguish core, ordinary, and commercial cryptography, permit lawful use for non-state-secret information, and state the non-discrimination rule for foreign-invested enterprises.
Articles 2 and 67 define commercial cryptography, state the activities in China to which the regulation applies, and set 1 July 2023 as its commencement date.