China issues new Trade Secret Protection Regulations
27 March 2026
On 24 February 2026, China’s State Administration for Market Regulation issued the Trade Secret Protection Regulations (“Regulations”), which will take effect on 1 June 2026 and replace the Several Regulations on Prohibiting Acts of Infringing Trade Secrets issued in 1995.
Formulated in accordance with the Anti-Unfair Competition Law (“AUCL”), the Regulations aim to strengthen the protection of trade secrets and promote a fair and competitive market environment. They update the 1995 framework to address developments in the digital era while preserving its core regulatory structure.
Definition of trade secrets
The Regulations define “trade secrets” as technical, business, and other commercial information that is not publicly known, has commercial value, and is subject to appropriate confidentiality measures taken by the rights holder. Further:
- “Technical information” includes technology-related data such as structures, raw materials, formulas, materials, samples, patterns, processes, methods, data, algorithms, computer programs, and codes; and
- “Business information” covers operational and commercial data, including business strategies, management and sales information, financial information, plans, samples, customer information, and related data.
The Regulations provide that violations that infringe trade secrets may result in enforcement action by market supervision and administration authorities at or above the county level. Penalties include orders to cease the unlawful conduct, confiscation of illegal gains, and fines ranging from RMB100,000 to RMB1 million in accordance with Article 26 of the AUCL. In serious cases, fines may range from RMB1 million to RMB5 million.
Reference materials
The Regulations, in Chinese, are available on the SAMR website www.samr.gov.cn.