Description

Closed consultation on Draft of Regulations on Standardising and Promoting Cross-border Data Flows

On 15 October 2023, the public consultation initiated by the Cyberspace Administration of China on the Draft of Regulations on Standardising and Promoting Cross-border Data Flows ended. The regulations aim to safeguard national data security, uphold personal information rights, and enhance the lawful and orderly transfer of data. The draft clarifies circumstances that don’t require a data export security assessment. In particular, the draft specifies that the data export security assessment, standard contracts, or personal information protection certification are not required if the data to be exported does not include personal information or important data, data was not collected from China, the transfer is for the purpose of entering into or performing a contract, compliance with labour laws, or is for the protection of the life, health of individuals. Furthermore, the data export security assessment will not be required if the personal data of less than 10’000 individuals in a year will be transferred.

Original source

Scope

Policy Area
Data governance
Policy Instrument
Cross-border data transfer regulation
Regulated Economic Activity
cross-cutting
Implementation Level
national
Government Branch
executive
Government Body
data protection authority

Complete timeline of this policy change

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2023-09-28
in consultation

On 28 September 2023, the Cyberspace Administration of China opened a public consultation on the Dr…

2023-10-15
processing consultation

On 15 October 2023, the public consultation initiated by the Cyberspace Administration of China on …

2024-03-22
in force

On 22 March 2024, the Cyberspace Administration of China (CAC) adopted Regulations on Promoting an…

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