China: Call for comments on the first draft of the Personal Information Protection Law, which includes data portability measures

On 21 October 2020, the National People`s Congress opened its public consultation on China's first draft of the Personal Information Protection Law, destined to become the country`s first comprehensive law in the area of personal information protection. Besides providing general rules regarding the handling and scope of personal information, the law states in Art. 45 that data subjects have the right to data portability. However, the national cybersecurity department may specify further conditions, which have to be met in order to proceed with the transfer of personal information. Together with the Data Security Law and Cybersecurity Law, the PIPL will regulate cybersecurity and data privacy protection in China. The consultation closes on 19 November 2020.