The Network Data Security Regulations were published on 24 September 2024 and take effect on 1 January 2025. They address the duties of network data processors, personal information protection, important data, cross-border transfer and platform responsibility, and include a dedicated article on generative artificial intelligence that strengthens training-data security. The interval between publication and commencement is short. What matters now is converting the provisions into an executable task list.
Identify the obligated party first
The duties fall on network data processors. Whether an entity is a processor depends not on server location, and not solely on the label in a contract, but on who determines the purpose and means of processing. In AI companies the common pattern is that the model developer, the cloud provider, the application operator and the outsourced annotation team each process part of the data. The same dataset may correspond to different processor roles at different stages, so the analysis has to proceed segment by segment rather than attaching one label to the whole project.
Important data and personal information are separate threads
Important data concerns national security and public interest; personal information concerns the rights of individuals. They may overlap, but the tests and the obligations differ. Companies should establish separate bases: important data judged against sector catalogues and business scale, personal information graded by sensitivity and volume. Mixing the two threads tends to produce a gap where personal information protection is done but important-data filing is missed.
Choose the cross-border route before commencement
The Regulations address cross-border data transfer alongside the existing routes of security assessment, standard contracts and certification. Companies must select a route according to data type, volume and recipient, and write the choice into contracts and internal procedures. A frequent problem is divergence between the chosen route and the actual data flow: the contract states no transfer, while operations permit overseas access. Such divergence is difficult to explain in an inspection.
Platform responsibility and the generative AI article
The Regulations set out platform responsibility, including management of third-party activity on the platform. For a platform offering model services or APIs, this means establishing onboarding review, violation handling and record retention. Takedown is a last resort; day-to-day qualification checks and monitoring of content and data flows are the main work. Platforms should also retain handling records so that, in a dispute, they can show that reasonable management duties were performed.
The dedicated article requires stronger training-data security. It does not create a separate licence; it brings training data within the general network data security framework and adds targeted requirements. Companies need to explain the source of training data, the processing steps and the security measures, and keep records that can be checked. For models built on synthetic data or third-party datasets, the record chain is often more complex and should be reviewed first.
A task list that can be executed
For each processing stage, list the responsible person, legal basis, existing measures and gaps. Record the identification conclusions and filing status for important data and personal information. Confirm that the cross-border route matches the contract terms. Check platform onboarding management and handling records. Assemble provenance and processing records for training data. The list need not be complete in one pass, but it should specify completion dates and reviewers.
For preparation before commencement, see our data compliance service and cybersecurity compliance service; for choosing a cross-border route, see GDPR cross-border.
This article is based on the Network Data Security Regulations published on 24 September 2024, and on public information. It is for reference only and does not constitute legal advice.