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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 [...]

In September 2024, the Guangzhou Internet Court published what is the first publicly disclosed judgment concerning the cross-border transfer of personal information under China's Personal Information Protection Law (PIPL). This [...]

The Guangzhou Internet Court in China (Court) recently released its judgment under the Personal Information Protection Law (PIPL) (Case No.: (2022) Yue 0192 Min Chu No. 6486) (Judgment), setting a [...]

The cross-border flow of data is critical in the global economy's digitalisation wave, carrying information and accelerating innovation; however, to ensure national security and social stability, protect the public interest, [...]

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').1 The Regulations focus on prominent issues related to Personal Information (PI), [...]

In a world where technology advances daily, and companies and people must adapt accordingly, mobile payments have been an area that has undergone a global revolution, but nowhere is this [...]

Cross-border transfer of evidence in litigation or arbitration proceedings is no longer an easy process in today's world, with countries frequently at odds with each other over data security regulations. [...]

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 [...]

self 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, [...]

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 [...]

When it comes to regulation of artificial intelligence, the Western world has focused on the European Union's consideration1 of the proposed Artificial Intelligence Act, the Biden administration's Blueprint for an [...]

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 [...]

Cross-border transfer of personal information (hereinafter referred to as 'PI'1 and the cross-border transfer of PI as 'PI export') is a daily occurrence and business necessity for many companies operated [...]

Cross-border transfer of personal information (hereinafter referred to as 'PI'2 and the cross-border transfer of PI as 'PI export') is a daily occurrence and business necessity for many companies operated [...]

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 [...]

Since China's Personal Information Protection Law (PIPL) took effect in 2021, companies doing business in mainland China have questioned what is required of them when transferring personal information in and [...]

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 [...]

On February 22, 2023, China's Cybersecurity Administration ('CAC') released the final version of the China SCC - the Measures for the Standard Contract for Outbound Transfer of Personal Information ('Measures [...]

Introduction Each of us is being bombarded by unsolicited calls on a daily basis, if not hourly. Most of these calls were from people in legitimate businesses who wanted to [...]

Our Observations: In the TMT sector, the promulgation of the Measures for Standard Contract for Cross-Border Transfers of Personal Information and its attachment (the 'Standard Contract') is the most important [...]

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 [...]

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 [...]

Over the last few years, China has adopted a series of laws, rules, and regulations to regulate the collection, use, and other processing of personal information. Namely, the Personal Information [...]

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 Secretariat of the National Information Security Standardisation Technical Committee (TC260) released a draft revision of the Technical Specification for Certification of Cross-Border Transfers of Personal Information (Certification Specification V2.0) [...]

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 18, 2022, the State Administration for Market Regulation and the Cyberspace Administration of China jointly released the Rules on Implementation of Personal Information Protection Certification (《个人信息保护认证实施规则》) (the 'Rules'). [...]

By Art Dicker, Matthew Ding & Robin Tabbers China has recently issued new implementing regulations for its trinity of data protection laws - the 2017 Cybersecurity Law ('CSL'), the 2021 [...]

The new guidelines provide insight into how businesses can submit applications to the CAC in order to obtain approval via the CAC security assessment cross-border data transfer requirement. As of [...]

Personal Information Protection Law (PIPL) was adopted on 1 November last year and applies to all individuals and organisation handling personal data. Since the adoption, regulators have been actively investigating [...]

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 [...]

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 [...]

Unlawful usage and disclosure of personal information in China can result in administrative penalties and in serious cases, criminal offences. The Personal Information Protection Law ('PIPL'), the Personal Information Security [...]

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'), [...]

In Short The Situation: China released new regulations and guidelines to clarify the procedural requirements companies must satisfy for the cross-border transfer of personal information under the Personal Information Protection [...]

Under the PRC Personal Information Protection Law ('PIPL') which became effective on 1 November 2021, a transfer of personal information outside of China requires multiple conditions to be met. Personal [...]

Released on 7 July 2022, the Measures for the Security Assessment of Outbound Data Transfers become effective from 1 September ('Measures'). The Measures published by the Cyberspace Administration of China [...]

Nine months after the implementation of the Personal Information Protection Law of the People's Republic of China ('PIPL'), on July 21, 2022, the Cyberspace Administration of China ('CAC') announced the [...]

Recently, the United States District Court of the Northern District of California rejected a Chinese company's argument of China's restriction of cross-border data transfer as a legal justification, and has [...]

Following the release of the Guidelines for Cybersecurity Standards Practices - Security Certification Specifications for Cross-Border Processing of Personal Information (《网络安全标准实践指南- -个人信息跨境处理活动安全认证规范》in Chinese) on June 24, 2022, and the Provisions [...]

Personal Information Protection Law ('PIPL'), effective from 1 November 2021, regulates those collecting and handling personal information. For companies processing employee data, a robust data security system should be integrated [...]

China's Personal Information Protection Law (PIPL) took effect 1 November 2021, significantly raising the bar for data protection compliance in China. One of the key concerns is the regulation of [...]

On April 29, the'Practical Guidance of Cybersecurity Standards-Technical Specifications for Certification of Cross-border Handling of Personal Information (Draft for Comment)'(hereinafter referred to as'Certification Technical Specifications') was released by the National [...]