China's State Administration for Market Regulation published Order No. 126, the Trade Secrets Protection Regulation, on February 24, 2026, effective June 1, 2026. It implements the Anti-Unfair Competition Law and defines protectable technical and business information, the 'not generally known' benchmark at the time of suspected infringement, and administrative responsibilities of SAMR and local market regulators. Separately, the 2025 SPC/SPP Interpretation effective April 26, 2025 already classifies unauthorized copying and unauthorized or excessive computer-system access as 'theft' and 'electronic intrusion' in criminal trade secret cases. The regulation is now in force. U.S. companies should review their inventory of confidential information and the measures used to protect it.
Effective date and legal foundation
China’s State Administration for Market Regulation promulgated Order No. 126, the Trade Secrets Protection Regulation, on February 24, 2026. It took effect on June 1, 2026. It is enacted under the Anti-Unfair Competition Law and states that its purpose is to strengthen trade secret protection and maintain fair market competition.
CNIPA’s 2025 China IP Protection White Paper, released May 7, 2026, reports that the revised Anti-Unfair Competition Law took effect in 2025 and that trade secret protection norms were issued intensively. U.S. companies should review current practices under the administrative regulation now in force. The related criminal judicial interpretation has been effective since April 26, 2025.
What qualifies as a trade secret
Order No. 126 defines a trade secret as technical information or business information that is not generally known to the public, has commercial value, and has been subjected to corresponding confidentiality measures by the rights holder. The regulation applies to operators, defined as natural persons, legal persons and unincorporated organizations engaged in producing or dealing in goods or providing services.
The regulation lists protected technical information as including structures, raw materials, formulas, materials, samples, styles, processes, methods, data, algorithms, computer programs and code. Protected business information includes creative, management, sales, financial, planning, sample, customer information and data. Customer information expressly covers customer names or designations, addresses, contact details, transaction habits, intentions and content.
The 'not generally known' standard and confidentiality measures
Under Order No. 126, the question whether information is not generally known to the public is assessed at the time of the suspected infringement. Information is public if it is general knowledge or industry practice in the relevant field, or if it involves only simple combinations of product dimensions, structures, materials, parts or similar content that relevant personnel can directly obtain by observing a marketed product.
The regulation encourages rights holders to build trade secret protection management systems and to strengthen internal control and compliance for classified elements according to industry characteristics, technical requirements and competitive advantages. It specifically encourages certification, evidence preservation and other innovative forms of protection. U.S. companies should keep records that show confidentiality measures existed before any alleged misappropriation, because the definition requires corresponding measures by the rights holder.
Administrative enforcement and jurisdiction
SAMR is responsible for organizing and guiding national administrative trade secret protection. Local market regulation departments at or above county level are responsible for administrative protection within their areas. For technical secret cases, jurisdiction generally lies with market regulation departments at or above the districted-city level; a county-level department may handle such a case only with SAMR consent and if it has the corresponding enforcement capacity.
Market regulation departments are expected to guide operators through publicity, interpretation and special training. U.S. companies considering an administrative complaint should identify the correct local market regulation department and, for technical secrets, anticipate that the case may be handled at the districted-city level or above unless SAMR approves otherwise.
Related criminal exposure under the 2025 SPC/SPP interpretation
The Supreme People’s Court and Supreme People’s Procuratorate issued the Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Infringement of Intellectual Property Rights on April 24, 2025. The interpretation is Fa Shi [2025] No. 5 and took effect on April 26, 2025.
For trade secret cases, Article 16 addresses obtaining trade secrets through illegal copying and through unauthorized use, or use beyond authorization, of computer information systems. It classifies these methods as theft and electronic intrusion, respectively. These definitions do not by themselves establish every element of a criminal offense. Companies should review employee and contractor access controls and seek case-specific advice when misuse is suspected.
Current compliance checklist for U.S. companies
The following steps can help U.S. companies review compliance under the regulation now in force.
Inventory technical information under Order No. 126 categories: structures, formulas, methods, algorithms, computer programs, code and data.
Inventory business information, including customer names, contact details, transaction habits, intentions and content.
Document when confidentiality measures were implemented and how they operate: access controls, classification, training, certification or evidence preservation records.
Test whether key information is public or readily obtainable, including through observation of a marketed product.
Identify the correct administrative enforcement channel; technical secret cases generally belong to districted-city-level or higher market regulation departments.
Audit IT access under the 2025 criminal interpretation: prohibit unauthorized copying and unauthorized or excessive computer-system access.
Limitations and next steps
This article summarizes selected trade secret definitions, confidentiality measures, administrative responsibilities, and related criminal-law provisions. It does not determine whether particular information qualifies for protection or whether a specific act meets the elements or thresholds of an offense. Filing an administrative complaint and assessing criminal exposure require a review of the evidence and applicable rules. This is general information, not legal advice for a specific matter.
Review current confidentiality practices, preserve records showing when measures were adopted, and obtain qualified advice before taking enforcement action. Continue monitoring official guidance. Sources checked September 7, 2026.