网上银行业务管理暂行办法 Administration of Online Banking Services Tentative Procedures

　　PART THREE　MANAGEMENT OF RISKS ASSOCIATED WITH ONLINE BANKING SERVICES

　　Article 14　Banks that offer Online Banking Services shall comply with State laws, rules and regulations governing the security of computer information systems, management of commercial encryption, protection of consumer rights and interests, etc.

　　Article 15　The board of directors and the senior management of a bank that is to offer Online Banking Services shall determine an Online Banking Services development strategy and operational security strategy, formulate and implement comprehensive, integrated and systematic business management rules pursuant to relevant laws and regulations, and effectively manage the operation of the Online Banking Services and the risks associated therewith.

　　Article 16　Banks shall formulate and implement comprehensive physical security measures that can effectively guard against unlawful access to key equipment by unauthorized persons from outside and inside the banks.

　　Article 17　Banks shall use appropriate encryption technology and measures in order to verify the identities and authorizations of users of Online Banking Services, ensure the confidentiality and authenticity of transmitted online transaction data, and ensure the integrity of information transmitted and the irrefutability of transactions effected over the networks.

　　Article 18　Banks shall implement effective measures to prevent infection of their Online Banking Services transaction system by computer viruses.

　　Article 19　Banks shall formulate necessary system operation benchmarks and regularly or irregularly test the operational status of their network systems and business operating systems, in order to discover hidden defects in, and hacker attacks on, the system in a timely manner.

　　Article 20　Banks shall incorporate their Online Banking Services operating systems into their contingency plans and service continuity plans.

　　Article 21　Banks shall explain and disclose to their clients the transaction rules for each of their Online Banking Services in an appropriate manner and explain to clients the transactio

n risks involved in a particular Online Banking Service and their rights and obligations in specific transactions when clients apply for such service.

　　Article 22　When a bank engages in Online Banking Services, it shall allocate dedicated Online Banking Service auditing capacity in order to conduct regular audits of its Online Banking Services.

　　Article 23　Banks shall, in a timely manner, provide training to their working personnel and upgrade their system security technology and equipment in accordance with the growth requirements of their banking services.

　　Article 24　Banks shall establish a system for reporting major Online Banking Service operational matters and in a timely manner report to the regulatory authority such important matters as major security leaks, hacker attacks, changes in internet address, etc. that occur in the course of operating their Online Banking Services.

　　Article 25　Banks that offer Online Banking Services shall permit evaluations of the security of their business operating systems by authoritative evaluation institutions recognized by the People's Bank of China.

　　PART FOUR　LEGAL LIABILITY

　　Article 26　If the People's Bank of China discovers any of the circumstances set forth below while supervising or inspecting the Online Banking Services of a bank, it will handle the matter in accordance with the Penalties for Illegal Financial Acts Procedures, the Administration of the Qualifications for Office of the Senior Management Personnel of Financial Institutions Procedures and related laws and regulations; in particularly serious cases, the People's Bank of China will enforce a halt in the provision of some or all Online Banking Services, as follows:

　　(1) the bank offers Online Banking Services without the approval of, or record filing by, the People's Bank of China;

　　(2) while offering such services, the bank violates State laws or regulations, or prejudices the interests of the State or the public;

　　(3) while offering Online Banking Services, the bank avoids supervision and inspection by the People's Bank of China, resulting in unfair competition;

　　(4) the bank lacks qualified management personnel and working personnel, its business management is in disarray and it lacks the resources to control the risks associated with its services, resulting in a major capital loss;

　　(5) the bank's measures for ensuring system security are inadequate, resulting in major security leaks and prejudicing the interests of clients and the security of the bank's organization;

　　(6) a major matter arises and the bank fails to report the same to the People's Bank of China in a timely manner; or

　　(7) another circumstance that the People's Bank of China considers requires handling.

　　Article 27　If in the course of operating its services a bank commits a violation of laws or regulations other than the violations specified in Article 26 hereof or violates another provision hereof, the People's Bank of China will handle the matter in accordance with the relevant laws, rules and regulations.

　　PART FIVE　SUPPLEMENTARY PROVISIONS

　　Article 28　A bank may not discontinue, without the consent of the People's Bank of China, a liability-type Online Banking Service the offering of which was examined and approved by the People's Bank of China.

　　Article 29　The People's Bank of China will separately formulate procedures for the administration of applications by domestic banks to establish legal person institutions that specialize in the offering of Online Banking Services and applications by foreign institutions to establish legal person institutions or branches in China that specialize in the offering of Online Banking Services.

　　Article 30　Reference may be made to these Procedures for the approval of market access for, and the administration of, financial services provided through ot

her public information networks or private networks by banking institutions governed by these Procedures, unless otherwise provided in laws, rules or regulations, in which event such other provisions shall apply.

　　Article 31　The People's Bank of China is in charge of the interpretation of these Procedures.

　　Article 32　These Procedures shall be implemented as of the date of promulgation

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