China to require certain firms to undergo cybersecurity reviews before pursuing overseas listings

[SHANGHAI] China on Tuesday (Jan 4) said it would put in force new rules that will strengthen oversight over how its platform companies make plans to list abroad or use algorithms, in moves set to further tighten Beijing's grip over its sprawling technology sector.

The Cyberspace Administration of China (CAC) said it would from Feb 15 implement new rules that require platform companies with data for more than 1 million users to undergo a security review before listing their shares overseas.

From Mar 1, it will also implement rules governing the use of algorithm recommendation technology, it said in a separate statement.

Both sets of rules were proposed last year and are expected to potentially impact a large swathe of companies, such as TikTok owner ByteDance, e-commerce giant Alibaba Group and many more smaller players.

The CAC move comes amid a slew of regulatory changes in China over the past year that have dampened the appetite of firms to list overseas but bankers hope the new rules will provide more certainty in 2022.

In Hong Kong, the Hang Seng Index fell 0.36 per cent on Tuesday and the city's tech index lost 1.44 per cent.

Shares in Hong Kong Exchanges and Clearing, the operator of the Hong Kong stock exchange, were last down 1.9 per cent, after having fallen as much as 2.4 per cent following the announcement.

"If this is not retrospective then it would only affect listing aspirants and not companies already listed. Having said that, companies in the latter camp already have a lot on their minds," said Justin Tang, head of Asian research at investment adviser United First Partners in Singapore.

The CAC changes come a week after China's state planner said it would demand regulatory clearance for overseas Chinese listings in sensitive sectors, part of Beijing's efforts to set up a new framework to scrutinise offshore listings.

Separately, the China Securities and Regulatory Commission (CSRC) proposed on Dec 24 tightening rules governing Chinese companies listing abroad by requiring them to submit filings to the agency first, under a system that also involves close coordination among various regulatory bodies.

The CAC first proposed the cybersecurity reviews in July, saying they would put a focus on the risks of data being affected, controlled or manipulated by foreign governments after overseas listings.

The new rules governing the use of algorithm recommendation technology, first proposed in August last year, will require companies to give users the right to switch off the service and will also tighten oversight of news providers that use such technology.

China's cyberspace regulators are imposing tighter restrictions on data collection and data storage. Authorities are also more broadly pushing for companies to list domestically.

Two other new sets of rules, the Data Security Law and the Personal Information Protection Law, which cover data storage and data privacy respectively, went into effect last year.

REUTERS