On March 22, 2024, the Cyberspace Administration of China (“CAC”) promulgated the final version of the Provisions on the Promotion and Regulation of Cross-Border Data Flows (the “Final Provisions”), bringing to conclusion the...more
3/27/2024
/ China ,
Compliance ,
Consultation ,
Corporate Counsel ,
Cybersecurity ,
Exemptions ,
Filing Requirements ,
Free Trade Zone ,
International Data Transfers ,
Multinationals ,
Personal Information ,
Security Risk Assessments ,
Standard Contractual Clauses ,
Threshold Requirements
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
10/13/2023
/ China ,
Corporate Counsel ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
International Data Transfers ,
Personal Information ,
Personal Information Protection Law (PIPL) ,
Popular ,
Standard Contractual Clauses
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
On February 24, 2023, the Cyberspace Administration of China (“CAC”) officially promulgated the Standard Contract Measures for the Export of Personal Information (the “SCC Measures”), which will come into effect on June 1,...more
Article 38 of China’s Personal Information Protection Law (“PIPL”) enacted in 2021, which is more demanding than GDPR in Europe, provides three channels to conduct the outbound transfer or export of personal information...more
2/24/2023
/ Certification Requirements ,
China ,
Cybersecurity ,
Data Privacy ,
Data Processors ,
Data Security ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Personal Information ,
Personal Information Protection Law (PIPL) ,
Standard Contractual Clauses
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
7/27/2022
/ China ,
Contract Terms ,
Cybersecurity ,
Data Protection ,
Data Security ,
International Data Transfers ,
Personal Information ,
Personal Information Protection Law (PIPL) ,
Popular ,
Public Comment ,
Sensitive Personal Information ,
Standard Contractual Clauses
In China, personal information (“PI”) may be transferred overseas when it is essential for business operations, subject to a number of conditions as stipulated under the Personal Information Protection Law (2021) (“PIPL”),...more
The Cyberspace Administration of China (“CAC”) on November 14, 2021 published the draft Regulations on the Administration of Network Data Security (“Draft Regulations”) for comment through December 13, 2021.1 The Draft...more
12/7/2021
/ China ,
Cybersecurity ,
Data Privacy ,
Data Processors ,
Data Protection ,
Data Security ,
Extraterritoriality Rules ,
International Data Transfers ,
National Security ,
Personal Information ,
Personal Information Protection Law (PIPL) ,
Proposed Regulation ,
Regulatory Requirements
The Cyberspace Administration of China (“CAC”) on October 29, 2021 published the draft Measures on Security Assessment of Cross-Border Data Transfer (“Draft Measures”) for comment through November 28, 2021. The Draft Measures...more
11/3/2021
/ China ,
Cross-Border ,
Cybersecurity ,
Data Security ,
Data Transfers ,
International Data Transfers ,
Personal Information ,
PIPA ,
Popular ,
Proposed Regulation ,
Regulatory Authority
On July 6, the General Office of the Central Committee of China’s Communist Party and the General Office of the State Council jointly issued the Opinions on Strictly Cracking Down on Illegal Securities-related Activity in...more
7/12/2021
/ China ,
Comment Period ,
Corporate Counsel ,
Data Protection ,
Data Security ,
Data Storage ,
Foreign Corporations ,
Foreign Exchanges ,
Listing Rules ,
Offshore Listings ,
Online Platforms ,
Personal Data ,
Personal Information ,
Proposed Regulation ,
Securities
The Standing Committee of China's National People’s Congress (NPC) on June 10 enacted the Data Security Law (DSL) which will come into effect on September 1. The NPC reviewed two earlier drafts of the DSL in July 2020 and...more
6/16/2021
/ Blocking Statutes ,
China ,
Countermeasures ,
Cybersecurity ,
Data Security ,
Extraterritoriality Rules ,
International Data Transfers ,
Multinationals ,
National Security ,
New Legislation ,
Personal Information ,
Proposed Legislation
The Cyberspace Administration of China (CAC) on May 12 issued the Draft Provisions on the Management of Automobile Data Security (Draft Provisions) for public comment through June 11. The Draft Provisions aim to regulate the...more
The Standing Committee of China’s National People’s Congress on October 21 released the draft Personal Information (PI) Protection Law (the Draft Law) for public comments through November 19. It consists of 70 articles across...more
The State Administration for Market Regulation (SAMR) and Standardization Administration of China (SAC) jointly published the Information Security Technology – Personal Information Security Specification (GB/T 35273-2020) (PI...more
The outbreak of novel coronavirus (COVID-19) has affected many businesses in China. Since the start of the outbreak in December 2019 through this date, more than 80,000 cases including more than 3,000 deaths have been...more
3/16/2020
/ China ,
Contract Terms ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employee Privacy Rights ,
Employer Responsibilities ,
Force Majeure Clause ,
Infectious Diseases ,
Performance Standards ,
Personal Information ,
Public Health ,
Wage and Hour ,
Workplace Safety
The Standing Committee of the National People’s Congress published the Personal Rights of the Civil Code (draft for third reading) on August 27 for public comment. Chapter Six (Articles 811-817) is dedicated to Privacy Rights...more