China: Adoption of Personal Information Protection Law by National People's Congress of the People's Republic of China

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Description

Adoption of Personal Information Protection Law by National People's Congress of the People's Republic of China

On 20 August 2021, the National People's Congress of the People's Republic of China (NPC) announced the adoption of the Personal Information Protection Law (PIPL) through an order by Xi Jinping, the President of the People's Republic of China. It represents China's first comprehensive law in the area of personal information protection. More specifically, it sets out both general rules for the handling of personal information as well as rules specifically for state organs handling data. Furthermore, the law codifies the rights of data subjects when it comes to their data being processed. Finally, the law also contains provisions ruling legal liability of "data handlers" which include personal liability, as well as monetary fines equal to 5% of the previous year's turnover for state departments that violate parts of the PIPL. The PIPL will come into effect on 1 November 2021.

Original source

Scope

Policy Area
Data governance
Policy Instrument
Data protection regulation
Regulated Economic Activity
cross-cutting
Implementation Level
national
Government Branch
legislature
Government Body
parliament

Complete timeline of this policy change

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2020-10-21
in consultation

The National People`s Congress opened its public consultation on China's first draft of the Persona…

2020-10-21
under deliberation

The National People`s Congress publishes its draft of the Personal Information Protection Law, dest…

2020-11-19
processing consultation

On 19 November 2020, the National People`s Congress closed its public consultation on China's first…

2021-04-28
in consultation

The Standing Committee of the 13th National People`s Congress issues the second draft of the Person…

2021-05-28
processing consultation

The public consultation for China`s Personal Information Protection Law closes

2021-08-20
adopted

On 20 August 2021, the National People's Congress of the People's Republic of China (NPC) announced…

2021-11-01
in force

On 1 November 2021, the Personal Information Protection Law is implemented. It was adopted on 20 Au…

Key regulatory dimensions

Regulated subjects

The businesses, government agencies or individuals affected by this policy or regulatory change.
producer / supplier
1
Type Private organisation
Economic activity cross-cutting
Category All
2
Type Other corporate representative
Economic activity cross-cutting
Category All

Policy change by business practice

The detailed activities within the scope of this policy or regulatory change.
personal data (all forms): data collection
Regulatory tool
User consent: Other requirement
User right to withdraw consent
Sanctions
Regulated subjects
1
personal data (all forms): storage (any form)
Regulatory tool
User consent: Other requirement
User right to withdraw consent
Sanctions
Regulated subjects
1

Policy change by business practice

The detailed activities within the scope of this policy or regulatory change.

personal data (all forms): data collection

personal data (all forms): storage (any form)