In the February 2021 issue of the Data Protection Leader, Hunton partner Dora Luo discusses China’s draft Personal Information Protection Law (“Draft PIPL”) (in Chinese) in the context of other comprehensive data protection frameworks, such as the EU General Data Protection Regulation (“GDPR”).
The article examines the Draft PIPL in the context of advanced technologies that have accelerated the collection of personal information more frequently than before. The Draft PIPL marks the introduction of a comprehensive system for the protection of personal information in China, which does not merely incorporate or replace rules that are already enshrined in other Chinese laws, but also draws inspiration from the GDPR.
Dora Luo addresses several key issues under the Draft PIPL by undertaking a comparative analysis of the Draft PIPL and the GDPR. The article discusses how organizations can appropriately adapt their processing activities to prepare for compliance. In particular, she focuses on the following points:
- key definitions;
- scope of jurisdiction;
- legal grounds for personal information processing;
- data protection principles;
- rights of data subjects;
- obligations of data processors;
- cross-border transfers of personal data; and
- legal liabilities.