News & Analysis as of

China Personal Information Protection Law (PIPL)

Cooley LLP

China Issues Network Data Security Management Regulations

Cooley LLP on

On September 30, 2024, China’s State Council released the Network Data Security Management Regulations, which will enter into force on January 1, 2025. The regulations apply to “electronic data processed and generated through...more

DLA Piper

CHINA: Enhanced and Clarified Data Compliance Obligations on Handlers of “Network Data”, Covering Personal Information and...

DLA Piper on

Additional and clarified data compliance obligations will soon come into force under the long-awaited Network Data Security Management Regulation (“Regulation“), which was released on 30 September 2024. The Regulation is...more

Morgan Lewis

China Publishes Finalized Regulation for Administration of Network Data Security

Morgan Lewis on

China published the finalized Regulation for the Administration of Network Data Security (Network Data Regulation) on September 30, 2024. This regulation was first released as a draft version dated November 2021. Throughout...more

DLA Piper

CHINA: Mandatory Data Protection Compliance (Self) Audits on Their Way

DLA Piper on

The Personal Information Protection Law (“PIPL“) requires a data controller to conduct compliance audits of its personal data processing activities on a regular basis (“Self-supervision Audits“). Apart from such...more

DLA Piper

China: Important New Guidance on Defining Sensitive Personal Information

DLA Piper on

While the definition of sensitive personal information in China has always been different to other jurisdictions, with a focus on risk of harm at its heart, new draft guidance should make it easier for organisations to map...more

Latham & Watkins LLP

China Finalises Exemptions to Cross-Border Data Transfer Rules and Eases Restrictions

Latham & Watkins LLP on

On 22 March 2024, the CAC published the final version of the Provisions on Promoting and Regulating Cross-Border Data Flows which took effect immediately and follows the draft published for consultation in September 2023. On...more

WilmerHale

Navigating China’s Data Security Laws in US Discovery

WilmerHale on

The enactment of China’s Cybersecurity Law (CSL), Data Security Law (DSL), and Personal Information Protection Law (PIPL, together with the CSL and the DSL, “Data Security Laws”) has significantly reshaped the landscape of...more

Benesch

China Officially Promulgates New Cross-Border Data Transfer Requirements

Benesch on

The newly promulgated measures increase the threshold of data triggering security assessments and contract requirements while leaving room for Chinese authorities to heavily restrict cross-border data transfers. In...more

Littler

China’s New Cross-Border Data Transfer Rules Substantially Reduce Compliance Burdens for Multinational Employers

Littler on

Multinational employers operating in China have been waiting since September 2023 for the Cyberspace Administration of China (CAC) to finalize proposed revisions to its complex and burdensome rules for cross-border data...more

Mayer Brown

Cross-Border Transfer of Evidence from Mainland China under International Commercial Dispute Resolution Scenarios

Mayer Brown on

Cross-border transfer of evidence in litigation or arbitration proceedings is no longer innocuous in today’s world, with countries frequently at odds with each other over data security regulations. This was unexpected a...more

K&L Gates LLP

An Endeavor to Facilitate Free Movement of Data From China

K&L Gates LLP on

China is seeking to take a significant step to relax the compliance burden on multinational corporations (MNCs) regarding data export from China by allowing: (i) certain routine data exports for daily business operation or...more

Alston & Bird

China Releases Major Changes in its Draft Regulations on Cross-border Data Flows

Alston & Bird on

At the end of September 2023, the Cyberspace Administration of China (CAC) released draft regulations (see the unofficial English translation) regulating the cross-border flow of personal information and important data out of...more

WilmerHale

China Publishes Draft Rules to Ease Data Export Compliance Burden

WilmerHale on

The Cyberspace Administration of China (“CAC”) on September 28, 2023 issued the draft Provisions on the Regulation and Promotion of Cross-Border Data Flows (“draft Provisions”),  just one year after China’s data export...more

Littler

With a Key Deadline Fast Approaching, Now Is the Time to Address the New and Complex Requirements for Data Transfers Outside of...

Littler on

U.S.-based multinationals with employees in the People’s Republic of China (PRC) are confronting a November 30 deadline to implement China’s new cross-border data transfer mechanism—the Standard Contract.  This implementation...more

Mayer Brown

Unpacking the China Data Laws

Mayer Brown on

China’s stance toward data privacy and cybersecurity has been a matter of interest for the last several years, most prominently with the June 2017 passage of China’s Cybersecurity Law, and the passage of the Data Security Law...more

WilmerHale

China Publishes Draft Rules for Personal Information Protection Compliance Audits

WilmerHale on

The Cyberspace Administration of China (“CAC”) on August 3, 2023 published the draft Administrative Measures for Personal Information Protection Compliance Audits (“draft Measures”) for public comment through September 2,...more

K&L Gates LLP

China Standard Contract That Impacts Transferring Personal Information From China

K&L Gates LLP on

On 1 June 2023, new measures explaining the requirements for using the standard contract (China Standard Contract) mechanism to legally export personal information from China as well as the form of the “standard contract”...more

Hogan Lovells

Updates on Mainland China and Hong Kong MOU to Promote Cross-Border Data Flow within GBA

Hogan Lovells on

On June 29, 2023, the Cyberspace Administration of China ("CAC") and the Innovation, Technology and Industry Bureau of the Hong Kong Special Administrative Region ("Hong Kong") Government ("HKITIB") signed the Memorandum of...more

Pillsbury Winthrop Shaw Pittman LLP

Data Privacy: What Nonprofits Need to Know in the United States, EU and UK, and China

From long-standing laws to incoming legislation, global nonprofits must understand the requirements and prepare for scrutiny in their handling of personal data. U.S. privacy regulations are currently a complex framework of...more

Hogan Lovells

China issues SCCs guidance for cross-border transfers of personal information

Hogan Lovells on

On 30 May 2023, the Cyberspace Administration of China (the “CAC”) published guidance for the use of the Standard Contractual Clauses applicable to international transfers of personal information from mainland China (the...more

Womble Bond Dickinson

Cross-Border Data Transfers Under China’s Personal Information Protection Law

Womble Bond Dickinson on

In February 2023 Cyberspace Administration of China (the “Cyberspace Administration”) published rules on Standard Contractual Clauses for transfer of personal information to third countries pursuant to China’s Personal...more

Hogan Lovells

China’s proposals to regulate generative AI

Hogan Lovells on

On April 11, 2023, the Cyberspace Administration of China (CAC) issued draft Administrative Measures for Generative Artificial Intelligence Services (“Draft AI Measures”)....more

Morgan Lewis - Tech & Sourcing

Global Perspectives: Data Privacy in China with Todd Liao

As part of our Spotlight series, we welcome Todd Liao, a partner in our Shanghai office who works with clients on a wide range of complex commercial and financial transactions and legal issues involving China. Todd is a...more

Fisher Phillips

Transferring Employee or Customer Data Out of China Without Proper Reporting May Have Criminal Consequences: A 4-Step Compliance...

Fisher Phillips on

The compliance grace period for China’s cross-border data security assessment measures has expired — but many international companies with operations or employees in China are still not compliant. In light of the diminishing...more

Morgan Lewis

Beijing Courts Find WeChat Records Inadmissible if Recovered Without Employee Consent

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As the data protection regime in China continues to evolve, so do the individual privacy rights of employees. A Beijing appellate court recently rejected an employer’s ability to use—without the employee’s informed...more

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