News & Analysis as of

China Sensitive Personal Information

Butler Snow LLP

Proposed Rule Published Restricting Data Sharing with China, Russia, Iran, North Korea, Cuba, and Venezuela

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The US Department of Justice issued a Notice of Proposed Rule Making (NPRM) October 21, 2024 that, if finalized, will prohibit or restrict a significant amount of international data sharing with countries of concern,...more

WilmerHale

DOJ Issues NPRM Regarding Sensitive Data Transfers

WilmerHale on

With the publication of a recent Notice of Proposed Rulemaking (NPRM), the Department of Justice National Security Division will soon become an important new regulator of transactions involving the transfer of sensitive U.S....more

WilmerHale

China Finalizes the Network Data Security Management Regulations and Issues the First Free Trade Zone Data Export Negative List

WilmerHale on

On September 24, 2024, the State Council released the Regulations on the Management of Network Data Security (《网络数据安全管理条例》) (“Regulations”). The Regulations focus on prominent issues related to Personal Information (PI),...more

DLA Piper

China: New Definition and Guidelines on Sensitive Personal Information Now Finalised

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We previously wrote about proposed changes to the definition of sensitive personal information under a June 2024 draft of the Guide for Sensitive Personal Information Identification (“Guide“). The Guide has now (September...more

DLA Piper

China: Important New Guidance on Defining Sensitive Personal Information

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information in China has always been different to other jurisdictions, with a focus on risk of harm at its heart, new draft guidance should make it easier for organisations to map...more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

BakerHostetler

The Protecting Americans’ Data from Foreign Adversaries Act - What Digital Advertisers, Publishers and Ad Platforms Need To Know

BakerHostetler on

The Protecting Americans’ Data from Foreign Adversaries Act (PADFA or the Act) was signed into law by President Joe Biden on April 24 as part of a larger foreign aid appropriations bill. Although other portions of the...more

Spilman Thomas & Battle, PLLC

Decoded - Technology Law Insights, V 5, Issue 5, June 2024

We are pleased to announce that several of the firm’s practice groups and attorneys were recognized in the 2024 edition of Chambers USA, a directory of leading law firms and attorneys. Chambers and Partners annually...more

Fenwick & West LLP

Latest Updates in Trade Controls for the Tech Sector

Fenwick & West LLP on

Melissa Duffy and Trevor Coval contributed their thought leadership to the American Conference Institute’s 14th Annual Global Encryption, Cloud & Cyber Export Controls Conference, held in San Francisco on May 14-16. Melissa...more

Whiteford

Client Alert: New Laws Prohibit Certain Data Transfers to China, Russia, Iran, and other Foreign Adversaries of the U.S.

Whiteford on

In addition to its well-publicized move to prohibit more than 150 million Americans from posting embarrassing dance videos of themselves on TikTok (at least while it is Chinese-owned), the U.S. federal government recently...more

Venable LLP

Data Restrictions in the 21st Century Peace through Strength Act

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On April 20, 2024, the House of Representatives passed H.R.8038, the 21st Century Peace through Strength Act ("supplemental"), which includes a version of H.R.7520, the Protecting Americans' Data from Foreign Adversaries Act...more

K&L Gates LLP

Safe Harbors Part II - China's Safe Harbor Rules Lower the Barrier for Cross-Border Data Transfer

K&L Gates LLP on

In Part I of our alert about China’s new safe harbor rules, we discussed key developments between the draft Provisions on Regulating and Facilitating Cross-Border Data Flow (Chinese version only) and the Provisions on...more

K&L Gates LLP

Safe Harbors Part I – From Regulating to Facilitating: Key Developments in China's Safe Harbor Rules

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Six months after the Cyberspace Administration of China (the CAC) sought public consultation on the draft Provisions on Regulating and Facilitating Cross-Border Data Flow (the Draft Provisions, Chinese version only), the...more

Benesch

China Officially Promulgates New Cross-Border Data Transfer Requirements

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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

Vinson & Elkins LLP

Down to Business: Relevance of Upcoming Regulations on Cross-Border Data Transactions to the Business Community

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On February 28, 2024, President Joe Biden issued a landmark Executive Order titled “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern” (the...more

Goodwin

US Government Moves to Regulate Cross-Border Transactions Involving Sensitive Data

Goodwin on

In a sweeping, coordinated effort across federal agencies, the US government has taken a giant leap forward to prevent access to data that could be exploited to the detriment of national security. On February 28, 2024,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Biden Administration Announces New Measures to Safeguard Americans’ Sensitive Personal Data

On February 28, 2024, the Biden administration announced new cybersecurity-related measures, including an executive order (EO) and advance notice of proposed rulemaking (ANPRM), intended to address the bulk flow of Americans’...more

WilmerHale

Biden Executive Order to Protect Americans’ Sensitive Personal Data and Related Rulemaking Could Impose Significant Restrictions...

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On February 28, 2024, President Biden signed Executive Order 14117, “Preventing Access to Americans’ Bulk Sensitive Personal Data and U.S. Government-Related Data by Countries of Concern” (the EO), under the authority of the...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

Proskauer - Minding Your Business

TikTok Challenges Montana’s Unprecedented Statewide Ban

Last month, TikTok sued Montana’s attorney general—alleging the state’s recent TikTok ban is unconstitutional and is preempted by federal law. On May 17, Montana Governor Greg Gianforte signed a first-of-its-kind law...more

K2 Integrity

More U.S. Scrutiny of China-Related Investments and Exposure: White House Executive Order Signals Enhanced Scrutiny for Foreign...

K2 Integrity on

The U.S. government continues to increase scrutiny over certain foreign investments in the United States and critical supply chain security. On 15 September 2022, President Biden signed the “Executive Order on Ensuring Robust...more

Vinson & Elkins LLP

Committee on Foreign Investment in the United States: 2021 Annual Report to Congress

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The Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) recently submitted its Annual Report to Congress for calendar year 2021 (“Annual Report”). The report summarized the Committee’s activity...more

WilmerHale

China’s New Outbound Data Transfer Security Assessment Measures and Standard Contract Provisions

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Outbound Data Transfer Security Review Measures - On July 7, 2022, the Cybersecurity Administration of China (“CAC”) issued the Outbound Data Transfer Security Assessment Measures (“Security Assessment Measures”) effective...more

Hogan Lovells

Data protection enforcement progresses in China

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Six months have now passed since China's Personal Information Protection Law (PIPL) became effective on November 1, 2021. As noted below, Chinese authorities have recently stepped up enforcement actions relative to PIPL....more

BCLP

Part 3 of 5: the PIPL and the Personal Information Security Specification

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In Part 2 of this series, we discussed how the Personal Information Protection Law (“PIPL”), the centerpiece of China’s personal information (“PI”) protection law, needs to be read in conjunction with other relevant laws,...more

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