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China Finalizes New Regulations to Relax Personal Data Exports from China
Nearly six months after the Cyberspace Administration of China (CAC) was first introduced for public consultation, with its draft regulations proposing to ease outbound data transfers from China (Draft Regulations) (see our article "China Releases Draft Regulation to Significantly Ease Cross-border Data Transfers," Privacy World), the much-awaited final rules on Regulating and Facilitating Cross-border Data Flows were published and came into effect on March 22, 2024 (New Regulations). The New Regulations largely repeat the Draft Regulations, but now have further relaxed personal data exports from China.
Meanwhile, on the same day, the CAC also released the Guide to the Application for Security Assessment of Data Exports (Second Edition) and the Guide to the Filing of the Standard Contract for Personal Data Exports (Second Edition) (collectively, the Second Edition Guides) which make corresponding adjustments pursuant to the New Regulations.
Exceptions to Signing Standard Contracts and Easing of Government Security Assessment Thresholds
The New Regulations largely implement exceptions set forth in the Draft Regulations, permitting certain cross-border transfers of personal data from China without the need to sign or file a standard contract (SC) or file a personal information privacy impact assessment (PIPIA) with the CAC. However, as compared to the Draft Regulations, the New Regulations further lessen export obligations requiring SCs and PIPIA filings by increasing the threshold from 10,000 individuals to 100,000 individuals for non-sensitive data.
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