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The Measures outline requirements and procedures for self-initiated and regulator-mandated compliance audits from May 1, 2025....more
On 14 February 2025, the Cyberspace Administration of China (“CAC”) issued the “Administrative Measures for Personal Information Protection Compliance Audits” (the "Measures"), which will take effect on 1 May 2025. The...more
On April 8, 2025, a sweeping rule issued by the US Department of Justice (DOJ) will take effect. The rule imposes restrictions—and in some cases, outright prohibitions—on US companies in connection with certain types of data...more
This monthly report outlines key developments in China’s data protection sector for March. The following events merit special attention...more
The PRC Personal Information Protection Law (PIPL) mandates regular data compliance audits. Following a consultation period beginning in August 3, 2023, the Cyberspace Administration of China (CAC) issued the Measures for...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
The Guangzhou Internet Court released the first ruling interpreting the requirements for cross-border transfer of personal information under the Personal Information Protection Law (PIPL). This case has significant...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
On September 24, 2024, the State Council released the Regulations on the Management of Network Data Security (《网络数据安全管理条例》) (“Regulations”). The Regulations focus on prominent issues related to Personal Information (PI),...more
We previously wrote about proposed changes to the definition of sensitive personal information under a June 2024 draft of the Guide for Sensitive Personal Information Identification (“Guide“). The Guide has now (September...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
In this Essential Guide, part of Orrick’s Cybersecurity & Privacy Compass Series, we offer insights into the Cyberspace Administration of China's (CAC) new rules and requirements for cross-border data transfers. The...more
A data controller that is not a critical information infrastructure operator that cumulatively exports personal information (excluding any sensitive personal information) of less than 100,000 individuals since January 1 of...more
On 22 March, 2024, the Cyberspace Administration of China (“CAC”) finalized its Provisions to Promote and Regulate Cross-Border Data Transfers (“Final Provisions”). The Final Provisions were long anticipated following a...more
On March 22, 2024, the Cyberspace Administration of China (CAC) published the Regulations on Promoting and Regulating Cross-border Data Flow (the “Regulations”), effective immediately. The Regulations supplement China data...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
Chinese authorities issued new regulations and guidance governing cross-border transfers of data and personal information, which will significantly reduce procedural and compliance burdens for many multinationals....more
On November 1, 2023, the National Information Security Standardization Technical Committee (全国信息安全标准化技术委员会) (“TC260”, a policy-making body under the Cyberspace Administration of China (“CAC”)) launched a public consultation...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
The Cyberspace Administration of China (“CAC”) on August 3, 2023 published the draft Administrative Measures for Personal Information Protection Compliance Audits (“draft Measures”) for public comment through September 2,...more
On 1 June 2023, new measures explaining the requirements for using the standard contract (China Standard Contract) mechanism to legally export personal information from China as well as the form of the “standard contract”...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