China Publishes Draft Regulations on the Administration of Network Data Security


The Cyberspace Administration of China (“CAC”) on November 14, 2021 published the draft Regulations on the Administration of Network Data Security (“Draft Regulations”) for comment through December 13, 2021.1 The Draft Regulations set forth in comprehensive detail provisions to regulate data processing activities in order to implement the Cybersecurity Law (“CSL”), the Data Security Law (“DSL”), and the Personal Information Protection Law (“PIPL”), key provisions of which are reflected in the Draft Regulations. The Draft Regulations contain 75 articles in nine chapters that would provide for personal information (“PI”) protection, the security of “Important Data,” rules on cross-border data transfers, obligations on Internet platform operators, provisions on government administration and legal liability, and definitions of key terms, including what constitutes “Important Data.”

The Draft Regulations have extraterritorial effect, inasmuch as they would apply not only to data processing activities inside China,2 but also to the processing outside of China of data of persons and organizations inside China if (i) for the purpose of providing products or services to China; (ii) for analyzing or assessing the behaviors of persons and organizations inside China;3 (iii) in connection with the processing of domestic Important Data; or (iv) in other legally required circumstances (Article 2). Processing activity conducted outside of China which harms China’s national security, public interest, or the legal interests of citizens or organizations is punishable under the Draft Regulations (Article 72).

Please see full Article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

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.

© WilmerHale | Attorney Advertising

Written by:


WilmerHale on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.