Recent developments in the Shanghai Pilot Free Trade Zone to facilitate cross-border data transfers are expected to provide greater flexibility in exporting data from China, which has been stymied by the Cyberspace Administration of China’s strict cross-border data transfer regulations proposed in December 2023.
Continue Reading China Plans to Accelerate Cross-Border Data Transfers by Implementing Trial Rules in Shanghai Pilot Free Trade Zone

On July 7, 2022, the Cyberspace Administration of China (the “CAC”) issued the Measures on Security Assessment on Cross-border Transfer (the “Measures”), which became effective on September 1, 2022, and provide a six-month grace period to the relevant data handlers. On August 31, 2022, the CAC issued the Guidelines on Application for Security Assessment on Cross-border Transfer (the “Guidelines”), which further clarify certain issues and provide specific application documents for security assessments (including templates of application forms for security assessment on cross-border transfer and self-assessments report for risks of cross-border transfer).Continue Reading Government Security Assessment on Cross-Border Transfer in China

On June 30, 2022, the Cyberspace Administration of China (the “CAC”) issued a draft Provision on the Standard Contract for Cross-border Transfer of Personal Information (“Draft Provisions”) and a draft of the Standard Contract for Cross-border Transfer of Personal Information (“Standard Contract”) for public comments. Per Article 38 of the Personal Information Protection Law (“PIPL”), if the data handler is not required to conduct a government security assessment, it may choose either to conduct certification by a qualified third institution or to execute the Standard Contract for cross-border transfer of personal information. Certification might be more commonly used for cross-border transfer within a group, whereas the Standard Contract may be more popular under other scenarios of cross-border transfers.Continue Reading China Issues Draft Provisions on Standard Contract for Cross-Border Transfer of Personal Information

The National Information Security Standardization Technical Committee of China recently issued a draft version of the Cybersecurity Standard Practice Guidelines – Technical Specification on Certification of Personal Information Cross-border Transfer Activities. This blog entry provides a summary of the Guidelines.
Continue Reading China Issues Draft Guidelines on Certification of Personal Information Cross-Border Transfer Activities

On May 16, 2022, the U.S. Department of State, U.S. Department of Treasury, and the Federal Bureau of Investigation issued combined guidance on efforts by North Korean nationals to secure freelance engagements as remote information technology workers by posing as non-North Korea nationals.
Continue Reading U.S. Issues Guidance to Companies Warning of Cybersecurity and Sanctions Risks Posed by IT Workers Directed by North Korea

The Cyberspace Administration of China released for public comment the draft Regulations on Network Data Security Management. The Draft Regulations are intended to implement portions of three existing laws: the Cybersecurity Law, the Data Security Law and the Personal Information Protection Law. In this blog entry, we discuss several of the key areas addressed by the Draft Regulations.
Continue Reading China Releases Draft Regulations on Network Data Security Management