Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

China Finalizes New Regulations to Relax Personal Data Exports from China

By Lindsay Zhu, Scott Warren, Haowen Xu and Charmian Aw
May 01, 2024

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.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
How Secure Is the AI System Your Law Firm Is Using? Image

What Law Firms Need to Know Before Trusting AI Systems with Confidential Information In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.

COVID-19 and Lease Negotiations: Early Termination Provisions Image

During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.

Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support Image

The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.

Authentic Communications Today Increase Success for Value-Driven Clients Image

As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.

The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies Image

Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.