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BEIJING, Jan. 31 Xinhua Department of Commerce, Industry and Information Technology Ministry jointly issued "on the territory of business information service outsourcing enterprises to undertake a number of provisions protecting" and demanded to undertake service outsourcing enterprises in China (hereinafter referred to as access package side) properly protection of confidential information, maintaining fair competitive environment. Requirements since February 1, 2010 shall come into force.
The "rule" reads as follows:
"On the territory of business information service outsourcing enterprises to undertake a number of provisions protecting" was October 22, 2009 by the Ministry of Commerce 29th Ministerial Meeting of the Ministry of Industry and Information Technology and consideration, is hereby promulgated, 2010 effective February 1.
Minister Chen Deming
Minister Li Yizhong
December 28, 2009
On the domestic business information service outsourcing enterprises to undertake a number of provisions protecting
The first undertaking service outsourcing business for the promotion of Chinese domestic enterprises (hereinafter referred to as access package side) to properly protect confidential information, maintaining fair competition environment and promote China's service outsourcing industry, further development, according to "Contract Law" and other laws and administrative regulations, the enactment of this provision.
Article II The term of service outsourcing business is finger-package side through the contract to the inside and outside the enterprises, institutions, organizations or individuals (hereinafter referred to as the Employer) to provide information technology outsourcing services, technical services, [link widoczny dla zalogowanych] services behavior.
Article The term Confidential Information means a business information or data:
(A) access packet side in the process of undertaking service outsourcing business to obtain from the Employer;
(B) the security measures taken by the Employer and not to the public;
(C) access package side under the contract shall bear the obligation of confidentiality.
Article access package side and its shareholders, directors, supervisors, managers and employees shall not violate the outsourcing contract,[link widoczny dla zalogowanych], disclosure, use, or allow others to use the Employer's confidential information.
Article access the information package shall protect the institutions established or designated full-time staff responsible for the development of the enterprise information protection regulations of the confidential information to take reasonable, specific and effective security measures, including:
(A) limit the scope of classified personnel;
(B) confidential information carrier and its storage place to take physical control techniques to prevent improper access to information or access by others;
(C) the record of confidential information vector management at different levels;
(Iv) formulation content and procedural steps and other important information stored in encrypted save or restricted area;
(E) use the password confidential information carrier;
(Vi) there is confidential information of the plant, workshops,[link widoczny dla zalogowanych], offices and other places restricted visitors or confidentiality requirements on them;
(Vii) there is confidential information on a computer to establish an effective network management and data protection measures, establish a strict authentication and access authorization system, using a sound system backup and recovery method, regular security patches and virus database upgrades;
(Viii) access package side and the Employer agreed other measures.
Article access package shall with the staff, especially classified staff sign confidentiality agreements, noncompete agreements, as well as third-party classified staff to sign confidentiality agreements and other measures to ensure information security.
Article access package party should strengthen the information security training for employees, enhance employee security awareness and avoid the occurrence of leakage of confidential information.
Article VIII encouraged to actively learn from the access package information security certification requirements, industry best practices to develop internal information security management system, and access to domestic and international information security certification.
Article IX shall actively take packages of information security management system for internal inspection and maintenance, continuous improvement and internal information security system.
Article access Wrapped in a breach of confidentiality agreement between the Employer or services the confidentiality provisions in outsourcing contracts, the Employer or services can be outsourced under confidentiality agreements bring the contract to arbitration or court of competent jurisdiction.
Article XI shall then package then package express agreement with the Employer for the Employer party to provide services to fulfill the obligation of confidentiality of information generated by the process of intellectual property or ownership of the technology.
Article XII shall not infringe the Employer Package then legally entitled to trademark, patent,[link widoczny dla zalogowanych], copyright and other intellectual property rights.
Article XIII relevant industry associations and other intermediary organizations should strengthen industry self-regulation, can be published regularly received confidential information party package work.
The provisions of Article XIV of the Ministry of Commerce,[link widoczny dla zalogowanych], Industry and Information Technology Department is responsible for interpretation.
The provisions of Article XV from February 1,[link widoczny dla zalogowanych], 2010 shall come into force.