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The cross-border transfer of personal information (hereinafter referred to as “PI,” and such transfers as “PI export”) is a routine and often essential part of business operations for companies in China—particularly...more
Chinese data regulators are intensifying their focus on the data protection compliance audit obligations under the Personal Information Protection Law (“PIPL“), with the release of the Administrative Measures for Personal...more
The Guangzhou Internet Court (the “Court”) recently issued its first judgment involving the cross-border transfer of personal data under the Personal Information Protection Law (“PIPL”).1 An international hotel group was...more
On September 30, 2024, China’s State Council released the Network Data Security Management Regulations, which will enter into force on January 1, 2025. The regulations apply to “electronic data processed and generated through...more
Additional and clarified data compliance obligations will soon come into force under the long-awaited Network Data Security Management Regulation (“Regulation“), which was released on 30 September 2024. The Regulation is...more
China published the finalized Regulation for the Administration of Network Data Security (Network Data Regulation) on September 30, 2024. This regulation was first released as a draft version dated November 2021. Throughout...more
The Personal Information Protection Law (“PIPL“) requires a data controller to conduct compliance audits of its personal data processing activities on a regular basis (“Self-supervision Audits“). Apart from such...more
While the definition of sensitive personal information in China has always been different to other jurisdictions, with a focus on risk of harm at its heart, new draft guidance should make it easier for organisations to map...more
On 22 March 2024, the CAC published the final version of the Provisions on Promoting and Regulating Cross-Border Data Flows which took effect immediately and follows the draft published for consultation in September 2023. On...more
The enactment of China’s Cybersecurity Law (CSL), Data Security Law (DSL), and Personal Information Protection Law (PIPL, together with the CSL and the DSL, “Data Security Laws”) has significantly reshaped the landscape of...more
The newly promulgated measures increase the threshold of data triggering security assessments and contract requirements while leaving room for Chinese authorities to heavily restrict cross-border data transfers. In...more
Multinational employers operating in China have been waiting since September 2023 for the Cyberspace Administration of China (CAC) to finalize proposed revisions to its complex and burdensome rules for cross-border data...more
China is seeking to take a significant step to relax the compliance burden on multinational corporations (MNCs) regarding data export from China by allowing: (i) certain routine data exports for daily business operation or...more
The Cyberspace Administration of China (“CAC”) on September 28, 2023 issued the draft Provisions on the Regulation and Promotion of Cross-Border Data Flows (“draft Provisions”), just one year after China’s data export...more
U.S.-based multinationals with employees in the People’s Republic of China (PRC) are confronting a November 30 deadline to implement China’s new cross-border data transfer mechanism—the Standard Contract. This implementation...more
China’s stance toward data privacy and cybersecurity has been a matter of interest for the last several years, most prominently with the June 2017 passage of China’s Cybersecurity Law, and the passage of the Data Security Law...more
On June 29, 2023, the Cyberspace Administration of China ("CAC") and the Innovation, Technology and Industry Bureau of the Hong Kong Special Administrative Region ("Hong Kong") Government ("HKITIB") signed the Memorandum of...more
From long-standing laws to incoming legislation, global nonprofits must understand the requirements and prepare for scrutiny in their handling of personal data. U.S. privacy regulations are currently a complex framework of...more
On 30 May 2023, the Cyberspace Administration of China (the “CAC”) published guidance for the use of the Standard Contractual Clauses applicable to international transfers of personal information from mainland China (the...more
As part of our Spotlight series, we welcome Todd Liao, a partner in our Shanghai office who works with clients on a wide range of complex commercial and financial transactions and legal issues involving China. Todd is a...more
The compliance grace period for China’s cross-border data security assessment measures has expired — but many international companies with operations or employees in China are still not compliant. In light of the diminishing...more
Article 38 of China’s Personal Information Protection Law (“PIPL”) enacted in 2021, which is more demanding than GDPR in Europe, provides three channels to conduct the outbound transfer or export of personal information...more
Introduction - Recent years have brought a dramatic increase in the number of countries that have comprehensive privacy and data security laws. As the world has become increasingly digital, privacy and data protection have...more
The Cybersecurity Administration of China (the "CAC") has published guidelines concerning outbound data transfers of personal information and "important data" from China to other jurisdictions. Businesses must comply with...more
Editor’s Note: On January 18, 2023, HaystackID shared an educational webcast on China’s emerging statutes and regulations governing the processing, disclosure, and transfer of data. As Chinese entities increasingly become...more