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Description

Implemented Standard Contractual Measures for Exporting Personal Information Abroad

On 1 June 2023, the Chinese Internet Information Office's Standard Contractual Measures for Exporting Personal Information Abroad, entered into force. The main objective of the Standard Measures is to protect personal information and control the transfer of data overseas. It is emphasised that personal information exportation activities must follow a combination of independent contracting and record management to ensure the protection of rights and interests and risk prevention, thereby ensuring the secure and unrestricted flow of personal information across borders. Data controllers who supply personal data overseas and who are obligated to establish standard contracts must comply with certain standards, such as being a non-critical information infrastructure operator, a processor of personal information of less than one million individuals, a provider of personal information outside the country of less than 100'000 individuals in aggregate since January 1 of the previous year, and a provider of sensitive personal information outside the country of less than 10'000 individuals in aggregate since January 1 of the previous year. Before providing information overseas, data processors must perform personal information protection impact assessments and file a report on its assessment with its local provincial network information department. The Measures also establish guidelines for supervision and management, legal liability, and requirements for compliance and rectification.

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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2022-06-30
in consultation

On 30 June 2022, the Cyberspace Administration of China (CAC) opened a public consultation on its d…

2022-07-29
processing consultation

On 29 July 2022, the Cyberspace Administration of China (CAC) closed the public consultation on its…

2023-02-24
adopted

On 24 February 2023, the Chinese Internet Information Office adopted Standard Contractual Measures …

2023-06-01
in force

On 1 June 2023, the Chinese Internet Information Office's Standard Contractual Measures for Exporti…