China Publishes Draft Measures Restricting Outbound Data Transfers

Latham & Watkins LLP

The current draft grants Chinese regulators broad discretion to prohibit data transfers.

Key Points:

..The draft requires both the consent of the data subjects and/or the permission of the regulators for any transfer of personal information and critical data out of China.

..The draft mandates a self-evaluation for all outbound transfers of personal information and critical data and sets out several conditions that would trigger a mandatory regulatory assessment.

..The draft is open for comments until 11 May 2017 so it may change in its scope and application.

Please see full Alert below for more information.

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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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