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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
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information in China has always been different to other jurisdictions, with a focus on risk of harm at its heart, new draft guidance should make it easier for organisations to map...more
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
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
In February 2023 Cyberspace Administration of China (the “Cyberspace Administration”) published rules on Standard Contractual Clauses for transfer of personal information to third countries pursuant to China’s Personal...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
On February 24, the Cyberspace Administration of China (CAC) released the final version of the Standard Contract Clauses for Cross-Border Transfer of Personal Information (the SCCs) and the Measures for the SCCs (the...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
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
Hackers allegedly stole the personal data of over 1 billion Chinese residents from a police database in Shanghai earlier this year – and the largest potential data privacy breach in the nation’s history should serve as a...more
As part of a new Asia-Pacific (APAC) Life Sciences and Health Care webinar program designed both for companies with commercial interests in APAC and for companies based in the region, Hogan Lovells is hosting a special...more
We are kicking off Cybersecurity Month early with a masterclass on China’s Personal Information Protection Law (“PIPL”). The PIPL was issued on August 20 and came into effect on November 1, 2021. A year later, PIPL remains...more
The Chinese regulatory authorities have published several new regulations and proposals in the past two months seeking to clarify the requirements of the Chinese Personal Information Protection Law (the PIPL) that came into...more
Background on the PIPL Security Assessment. On July 7, China’s top regulator, the Cyberspace Administration of China (CAC), released the final version of the Measures for Security Assessment of Data Exports (Security...more
China’s CAC publishes guidance on cross-border data transfers, including draft standard contractual clauses and regulatory guidance on certification and security assessment. Key Points: ..Security Assessment:...more
In Short - The Situation: China released new regulations and guidelines to clarify the procedural requirements companies must satisfy for the cross-border transfer of personal information under the Personal Information...more
Outbound Data Transfer Security Review Measures - On July 7, 2022, the Cybersecurity Administration of China (“CAC”) issued the Outbound Data Transfer Security Assessment Measures (“Security Assessment Measures”) effective...more