Encryption lawsChina

China's encryption laws: the Cryptography Law and Article 18

China's Cryptography Law lets citizens and organisations use commercial cryptography "in accordance with law". Separately, Article 18 of the Counter-Terrorism Law requires telecom and internet providers to give police and state security decryption support in terrorism cases.^{1, 2}

Checked 29 October 2026 against the sources. This page describes the law. It is not legal advice.

What the Cryptography Law sets up

Adopted on 26 October 2019 and in force since 1 January 2020. It splits cryptography into three classes.¹

Cryptography Law of the People's Republic of China, English translation for reference only, National People's Congress, read 29 October 2026.
Core and common cryptography	Used to secure state secret information, and themselves state secrets, under "strict and unified administration".¹Articles 6 and 7.
Commercial cryptography	Protects information that is not a state secret. "Citizens, legal persons and other organizations may use commercial cryptography to protect cyber and information security in accordance with law."¹Article 8.
What is forbidden	Stealing encrypted information, intruding into others' cryptography-protected systems, or using cryptography for activities that endanger national security, the public interest or others' rights.¹Article 12.
Testing and certification	Voluntary in general. Commercial cryptography products that concern national security or the public interest, and are listed in the catalogue of critical network equipment, must pass certification before sale.¹Articles 25 and 26.
Critical infrastructure	Operators must use commercial cryptography where laws and rules require it, and carry out a security assessment of how they use it.¹Article 27.
Foreign companies	Governments must give foreign invested enterprises equal treatment, and may not force the transfer of commercial cryptography technology by administrative means.¹Article 21.

Import and export rules

Commercial cryptography with encryption functions that concerns national security or the public interest needs an import licence. Cryptography that concerns national security, the public interest or China's international obligations is under export control.¹

The State Council's revised Commercial Cryptography Administration Regulations, Order No. 760, came into force on 1 July 2023. Article 31 repeats the import licence and export control lists, and adds: "大众消费类产品所采用的商用密码不实行进口许可和出口管制制度", which in our translation reads "commercial cryptography used in mass consumer products is not subject to import licensing or export control".³

The lists themselves are drawn up and published by the commerce department of the State Council, with the national cryptography administration and the General Administration of Customs.^{1, 3}

For the US, EU and Wassenaar rules, see encryption export controls.

Article 18 of the Counter-Terrorism Law

Adopted on 27 December 2015, in force since 1 January 2016, and amended on 27 April 2018. The official text is Chinese; the translations here are ours.²

Article 18 reads: "电信业务经营者、互联网服务提供者应当为公安机关、国家安全机关依法进行防范、调查恐怖活动提供技术接口和解密等技术支持和协助。" In our translation: telecommunications operators and internet service providers shall provide technical interfaces, decryption and other technical support and assistance to public security and state security organs lawfully preventing and investigating terrorist activities.²

Under Article 84, a provider that fails to give this support can be fined 200,000 to 500,000 yuan, and the managers directly responsible up to 100,000 yuan. In serious cases the provider's fine is over 500,000 yuan, the managers' 100,000 to 500,000 yuan, and the police can detain them for 5 to 15 days.²

Questions people ask

Is encryption legal in China?

Using commercial cryptography to protect information that is not a state secret is allowed "in accordance with law", under Article 8 of the Cryptography Law. Using cryptography for activities that endanger national security or the public interest is forbidden by Article 12.¹

Is end-to-end encryption legal in China?

The Cryptography Law does not name end-to-end encryption. It permits commercial cryptography in accordance with law, while Article 18 of the Counter-Terrorism Law requires telecom and internet providers to give decryption support in terrorism cases.^{1, 2}

Do I need a licence to bring an encrypted phone or laptop into China?

The 2023 regulations say commercial cryptography used in mass consumer products is not subject to import licensing. Import licences apply to items on the published list.³

Who enforces the rules?

The national cryptography administrative department is in charge of cryptography work nationwide, with local departments at county level and above. Market regulators enforce the certification rules with it.¹

Sources 3

Cryptography Law of the People's Republic of China, Order of the President No. 35, 26 October 2019 (translation for reference only), National People's Congress. Read 29 October 2026.
中华人民共和国反恐怖主义法 (Counter-Terrorism Law of the People's Republic of China, as amended 27 April 2018), Articles 18, 84 and 97, National People's Congress. Read 29 October 2026.
商用密码管理条例 (Commercial Cryptography Administration Regulations), State Council Order No. 760, 27 April 2023, Article 31, republished from the Chinese government portal by the Ministry of Ecology and Environment. Read 29 October 2026.

We read the law itself, and every status has a date. How we check