China implements groundbreaking privacy and personal information protections with the landmark Civil Code

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On May 28, 2020, China’s top legislature adopted the long-awaited Civil Code, which is slated to come into effect as of January 1, 2021. The first ever codified legislation covers an extensive array of topics, and introduces a specialized chapter entitled “Part IV Personality Rights” for the protection of privacy right and personal information. The Civil Code, for the first time, provides the definition of privacy, as well as the specific conduct that will constitute an infringement of privacy right. Meanwhile, the existing principles and rules for processing personal information are reiterated and strengthened thereunder. Besides, the Civil Code also clarifies the relationship between privacy right and personal information protection, to facilitate people’s right to claim from the perspective of civil suits. This Article briefly presents the provisions regarding privacy and personal information under the Civil Code, and analyzes the potential impacts and implications resulted therefrom.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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