The cross-border transfer of personal information (hereinafter referred to as “PI,” and such transfers as “PI export”) is a routine and often essential part of business operations for companies in China—particularly...more
Chinese data regulators are intensifying their focus on the data protection compliance audit obligations under the Personal Information Protection Law (“PIPL“), with the release of the Administrative Measures for Personal...more
The Guangzhou Internet Court (the “Court”) recently issued its first judgment involving the cross-border transfer of personal data under the Personal Information Protection Law (“PIPL”).1 An international hotel group was...more
The PRC National Technical Committee 260 on Cybersecurity of SAC (“TC260”) published new Guidelines on Identifying Sensitive Personal Information (“Guidelines”) on 18 September 2024, nearly three months after it released the...more
The Guangzhou Internet Court released the first ruling interpreting the requirements for cross-border transfer of personal information under the Personal Information Protection Law (PIPL). This case has significant...more
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
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
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
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
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information in China has always been different to other jurisdictions, with a focus on risk of harm at its heart, new draft guidance should make it easier for organisations to map...more
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
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
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
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
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
Cross Border Transfers of Data. UK Data Transfers. The UK government has published a U.S. “adequacy decision” which permits U.S. organizations that have certified to the EU-US Data Privacy Framework (DPF) and UK Extension...more
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
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
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
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
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
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 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
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
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