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The People's Republic of China's data protection laws have evolved rapidly in recent years, reflecting the global trend towards greater data privacy and security. The cornerstone of this legal framework [...]

On 22 March 2024, the Cyberspace Administration of China ('CAC') issued the long-awaited Provisions on Facilitating and Regulating Cross-Border Data Transfer ('Regulation'), effective as of the same date. The CAC [...]

1 Legal and enforcement framework 1.1 What general regulatory regimes and issues should blockchain developers consider when building the governance framework for the operation of blockchain/distributed ledger technology protocols? In [...]

On March 22, 2024, the Cyberspace Administration of China (CAC) released the long-anticipated data regulation, Provisions on Promoting and Regulating Cross-border Data Flows, together with updated guidance of cross-border data [...]

Many businesses operating in Mainland China, whether multinational corporations ('MNCs') or domestic companies, transfer personal information ('PI') out of the country in the ordinary course of business. Such outbound PI [...]

LEGISLATION Shanghai Seeks Public Comments on Several Provisions for Promoting Data Circulation and Transaction in Pudong New Area of Shanghai (Draft) On July 25, 2023, the Standing Committee of the [...]

Overview: In June 2023, significant developments in the TMT legal sector included new regulations and guidelines issued by various authorities. The CAC issued regulations on short-range self-organizing network services and [...]

To facilitate the implementation of the Measures for the Administration of Standard Contracts for Outbound Transfer of Personal Information ('Standard Contract Measures') entering force on June 1, 2023, the Cyberspace [...]

The Measures on the Standard Contract for Outbound Transfer of Personal Information (the 'Measures') promulgated by the Cyberspace Administration of China (CAC) came into force on 1 June 2023. One [...]

In this article we discuss guidelines for the released SCCs recordal. A regulatory update On 30 May 2023, the Cyberspace Administration of China (CAC) issued the long-awaited Guidelines for Recordal [...]

Our Observations: In May 2023, China's TMT sector witnessed key legal developments that underscored a rigorous focus on cybersecurity, consumer protection, and personal information protection. Notably, the Cybersecurity Review Office's [...]

Legislation Eight Departments Jointly Issue Implementation Opinions on Promoting the Evolution of IPv6 Technology and Innovative Development of Applications On April 24, eight departments, including the Ministry of Industry and [...]

The Cyberspace Administration of China (ôCACö) promulgated the Procedures for Administrative Law Enforcement by the Cyberspace Administration Departments (网信部门行政执法程序规定, ôEnforcement Proceduresö) on March 18, 2023, effective June 1, 2023.1 The [...]

Our Observations: In April 2023, the TMT sector in China witnessed considerable regulatory advancements, notably the Cyberspace Administration of China's (CAC) introduction of new regulations for AIGC. This legislative action [...]

Legislation Four Departments Jointly Issues Implementation Measures on Carrying out Network Security Service Certification On March 28, 2023, State Administration for Market Regulation ('SAMR'), the Office of the Central Cyberspace [...]

The Cyberspace Administration of China ('CAC') in a brief statement on March 31, 2023 stated that it has launched a cybersecurity review of Micron's products sold in China pursuant to [...]

1. INTRODUCTION With the rapid progress of artificial intelligence technology, promoting its healthy development and standardization has become crucial. This is especially true given the trend of artificial intelligence-generated content [...]

China Unveils Two Approved Outbound Data Transfer Cases Under China's data protection regulatory framework, data processors are required to pass a security assessment conducted by the cybersecurity regulator before transferring [...]

Cyberspace Administration of China - Measures for Standard Contracts for Cross-border Transfer of Personal Information Issued by: Order No. 13 of the Cyberspace Administration of China Date: February 22, 2023 [...]

A company in China has the option of relying on (i) the standard contract (see our article) or (ii) certification to transfer personal information outside of China, if it is [...]

The Measures on Standard Contract for Overseas Transfer of Personal Information have now been issued in their final form. The Measures govern the terms of the standard form contract which [...]

Personal information processor is defined as an organization or individual that independently determines the purposes and means for processing of personal information, which is generally equivalent to the term 'data [...]

Our Observations: in China, the People's Court and supervisory authorities are very active in the TMT sector this March. First, the supervisory authorities' jurisdictions will be reshuffled as the National [...]

The US congressional hearing of the TikTok CEO this March has further divided opinion on data privacy and China. But what about personal data privacy in China? What do foreign [...]

On 24 February 2023, the Cyberspace Administration of China ('CAC') promulgated the Measures for the Standard Contract for the Export of Personal Information ('Measures'), which come into force on 1 [...]

The past month has been a busy time for everyone. As you may have heard by now, the Cyberspace Administration of China ('CAC') and others have recently issued a series [...]

TAKEAWAYS A data processor needs to carefully evaluate whether the Standard Contract is the applicable mechanism for the cross-border transfer of personal information outside mainland China or whether a mandatory [...]

Legislation CCCP and State Council Issue Overall Layout Plan for Digital China Construction On February 27, 2023,the Central Committee of the Communist Party ('CCCP') and the State Council issued the [...]

Article 38 of the Personal Information Protection Law stipulates four compliance paths for the cross-border transfer of personal information, namely: (1) passing the security assessment organized by the Cyberspace Administration [...]

In February 2023, the Cyberspace Administration of China (CAC) officially released its long-awaited, final version of the Standard Contract for the outbound cross-border transfer of personal data. This is one [...]

On February 24, 2023, the Cyberspace Administration of China (CAC) released the final version of the Measures on the Standard Contract for the Cross-Border Transfer of Personal Information, accompanied by [...]

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')1, which will come into effect [...]

Standard Contract for international personal data transfers finalised and comes into effect on 1 June 2023. On 24 February 2023, the Cyberspace Administration of China ('CAC') issued the Measures for [...]

Legislation Standing Committee of the Tibetan People's Congress Adopts the Regulation on Network Information Security Management in Tibet Autonomous Region On January 20, 2023, the Tibet People's Congress website announced [...]

Legislation CBIRC formulated and promulgated the Administrative Measures for the Protection of Consumers' Rights and Interests by Banking or Insurance Institutions On December 30, 2022, in order to maintain a [...]

Following an eventful year, Shi Taige of Jingtian & Gongcheng reviews the significant developments in China's data protection landscape for 2022, and ponders its further evolution in 2023: 2022 was [...]

The rapid development of technologies in the entertainment industry has made the practice of editing photos, video frames and images widespread. Often, it is not possible to distinguish whether what [...]

The Cyberspace Administration of China issued on November 16, 2022, the newly revised 'Administrative Regulations on Services of Online Comment Threads' (hereinafter referred to as the new 'Regulations'), and the [...]

On November 16, 2022, the Cyberspace Administration of China issued the revised Administrative Provisions on Comment Threading Services on the Internet (2022) ('Regulations'), and the Regulations shall come into effect [...]

China's Cyberspace Administration proposes amendments to the Cybersecurity Law Issue date: September 12 2022 The Cyberspace Administration of China, together with other relevant departments, recently issued proposed amendments to China's [...]

This post relates to Cooley's Privacy Talks series - a webinar program featuring Cooley practitioners discussing practical guidance and best practices around managing data protection-related issues. Sessions range from the [...]

Legislation NISTC Solicits Comments on National Standard Information Security Technology Cybersecurity Information Reporting Guide (Draft for Comments) On September 28, 2022, the National Information Security Standardization Technical Committee ('NISTC') issued [...]

Legislation CAC Publishes Notification Guidelines for Security Assessment on Cross-border Data Transfer (1st Edition) On August 31, 2022, in order to guide data handlers to declare outbound data transfer security [...]

On August 31, 2022, the Cyberspace Administration of China (the 'CAC') issued the Application Guidelines for Security Assessment of Cross-border Data Transfer (1st Edition) (the 'Application Guidelines'), which specify and [...]

The Cyberspace Administration of China (the 'CAC') released the Measures for Security Assessment of Data Export on 7 July 2022 (the 'Measures 2022'), which will come into effect on 1 [...]

Legislation Legislative Affairs Commission of the NPC: Develop a Supporting System for Personal Information Protection Law On July 28, 2022, the Propaganda Department of the Central Committee of the Communist [...]

The personal data protection and cyber security sector in China has this summer, felt the impact brought by the record-high fine of near RMB 8 billion - approximately 1.2 billion [...]

Personal information ('PI') export is a daily occurrence and business necessity for many companies operated in China, especially for multinational companies and domestic companies using management software provided by foreign [...]

CHINA ISSUES CROSS-BORDER DATA TRANSFER SECURITY ASSESSMENT RULES On 7 July 2022, the Cyberspace Administration of China ('CAC') issued the Measures for the Security Assessment of Outbound Data Transfers ('Measures'), [...]