China: Implemented Administrative Measures on Data Security in the Industry and Information Technology Sectors (for Trial Implementation) including data transfer regulation

On 1 January 2023, the “Administrative Measures on Data Security in the Industry and Information Technology Sectors (for Trial Implementation)” came into effect. The Regulation outlines obligations for the industrial and telecom sectors depending on the type of data they store and process. The data is ranked as "general data", "core data", and "important data". Data on Chinese politics, military, economy, nuclear security, and artificial intelligence, among others, is considered to be related to national security and is classified as "important data". The data on the economy, culture, society, science and technology, electromagnetics, networks, and artificial intelligence that could negatively impact the information technology industry or the industrial production and operation of telecommunication networks and Internet operation services is classified as" core data". The industrial and information technology sector entities are required to provide a plan and notify affected users to transfer data. Finally, the Companies will be required to submit the list of retained "important" and "core" data to the Ministry of Industry and Information Technology and obtain approval in order to transfer or provide "important" and "core" data to foreign national regulatory agencies.