IA new counterintelligence law has come into force in China, which experts see as a potential threat to the activities of foreign companies and organizations in the People’s Republic. According to the law, which went into effect on Saturday, the unauthorized obtaining of “documents, data, materials and objects related to national security and national interests” can constitute an espionage crime.
According to international experts and institutions, the vague definitions of espionage in the law give the Chinese authorities greater scope than before to interfere with the activities of foreign entities.
The US Counterintelligence Agency (NCSC) warned Friday that the new law would give Beijing “expanded legal bases to gain access to and control over data held by US companies in China.”
US companies and citizens in China face future criminal charges for “traditional business activities” if Chinese authorities classify these activities as espionage, the NCSC said.
The head of the US-China Business Council, Craig Allen, wrote in a recent internet post that the new law raises “legitimate concerns” that certain routine business activities could now be considered espionage. Confidence in the Chinese market will continue to suffer “if the law is applied frequently and without a clear, narrow and direct connection to activities that are commonly viewed as espionage,” Allen warned.
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