Database

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CHINA

Since April 2001, amended in 2011, 2016, and 2019

Pillar Domestic data policies  |  Sub-pillar Minimum period for data retention
Internet Surfing Service Business Venue Management Rules 《互联网上网服务营业场所管理办法》
The Internet Surfing Service Business Venue Management Rules apply to commercial venues that provide internet surfing services to the public through computers connected to the internet. Internet surfing service businesses are required to record the users' authentic ID information, relevant surfing information, record back-ups, preserve such information for 60 days and provide the same to relevant governmental departments who make inquires according to the law.
Coverage Internet surfing services

CHINA

Since June 2016
Entry into force in August 2016

Pillar Domestic data policies  |  Sub-pillar Minimum period for data retention
Administrative Provisions on Information Services of Mobile Internet Application Programs 《移动互联网应用程序的信息服务管理规定》
Under the Provisions, mobile Internet application providers in accordance with the "background real name, the front voluntary" principle, the registered user based on cell phone numbers and other real identity information authentication, record user log information, and save 60 days (Art. 7).
Coverage Internet app providers and mobile Internet app stores

CHINA

Since November 2016, amended in 2020

Pillar Domestic data policies  |  Sub-pillar Minimum period for data retention
Interim Regulations for the Management of Network Appoint Taxi Services Operations 《网络预约出租车服务运营管理暂行办法》
China instituted a licensing system for online taxi companies which requires them to host user data and business data generated by it on Chinese servers for at least two years, and the information and data shall not be exported unless otherwise provided by laws and regulations.
Coverage Online taxi companies

CHINA

Since September 2000
Since December 2012

Pillar Domestic data policies  |  Sub-pillar Minimum period for data retention
Regulation on Internet Information Services of the People's Republic of China 《互联网信息服务管理办法》

Decision on Strengthening Network Information Protection 《关于加强网络信息保护的决定
The Regulation on Internet Information Services of the People's Republic of China requires that Internet Service Providers (ISPs) keep records of each service user’s time spent online, user account, IP address or domain name, phone number and other information for 60 days and provide that information to the authorized government authorities when required (Art. 14.).
In addition, the Decision on Strengthening Network Information Protection requires ISPs to cooperate with the government and provide technical support upon inquiry from the authorized government authorities (Art. 10).
Coverage Internet Service Providers

CHINA

Since August 2021, entry into force in November 2021

Pillar Domestic data policies  |  Sub-pillar Framework for data protection
Personal Information Protection Law《个人信息保护法》
The Personal Information Protection Law (PIPL) is China's comprehensive data protection law and governs personal information processing activities carried out by entities or individuals within China. The PIPL introduces several important concepts, such as personal information, sensitive personal information, and processing. It explicitly stipulates its exterritorial jurisdiction, and provides the traditional elements for data protection, such as principles of personal information processing, consent and non-consent grounds for processing, cross-border transfer mechanisms, and rights of data subjects.
Coverage Horizontal

CHINA

Since October 2020

Pillar Cross-border data policies  |  Sub-pillar Conditional flow regime
Amendment to the Information Security Technology – Personal Information Security Specification (GB/T 35273-2020) 《信息安全技术-个人信息安全规范》(GB/T 35273-2020)修正案
The 2020 Specification provides that where personal biometric information must not be shared or transferred unless actually essential for business needs in which case the personal information subject must be separately informed of the purpose, types of biometrics involved, identification of the recipient and its data security capacity and the personal information subject consent must be explicitly obtained (9.2.i).
Coverage Horizontal

CHINA

N/A

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
China has not joined any agreement with binding commitments on data flows.
Coverage Horizontal

CHINA

Since November 2012, entry into force in February 2013

Pillar Cross-border data policies  |  Sub-pillar Conditional flow regime
Guidelines for Personal Information Protection Within Public and Commercial Services Information Systems 《公共及商用服务信息系统个人信息保护指南》
Article 5.4.5. of the Guidelines for Personal Information Protection Within Public and Commercial Services Information Systems prohibit the transfer of personal data abroad without express consent of the data subject, government permission or explicit regulatory approval "absent express consent of the subject of the personal information, or explicit legal or regulatory permission, or absent the consent of the competent authorities". If these conditions are not fulfilled, "the administrator of personal information shall not transfer the personal information to any overseas receiver of personal information, including any individuals located overseas or any organizations and institutions registered overseas."

Although the Guidelines are a voluntary technical document, they might serve as a regulatory basis for judicial authorities and lawmakers.
Coverage Public and Commercial Services Information Systems
Sources

CHINA

Since November 2021

Pillar Cross-border data policies  |  Sub-pillar Conditional flow regime
Personal Information Protection Law《个人信息保护法》
The Personal Information Protection Law (Art. 40) provides that critical information infrastructure operators and personal information processors handling personal information must store personal information collected and produced within the borders of China. Where such information needs to be provided abroad, they shall pass a security assessment organized by the national cyberspace department. Also, according to Art. 38, the processors of personal information must apply one of the conditions to provide information outside of PRC: passing the security assessment organized by the national cyberspace department in accordance with Art. 40 of this Law; obtaining personal information protection certification from the relevant specialized institution according to the provisions issued by the national cyberspace department; concluding a contract stipulating both parties' rights and obligations with the overseas recipient in accordance with the standard contract formulated by the national cyberspace department; and meeting other conditions set forth by laws and administrative regulations and by the national cyberspace department.
Where a processor of personal information provides personal information outside the People's Republic of China, it is required to inform the individual of the name or names of the overseas recipient, the contact information, the purpose of processing, the manner of processing, the type of personal information, as well as the manner and procedure for the individual to exercise his or her rights under this Law with the overseas recipient, and obtain the individual's individual consent (Art. 39). Personal information processors shall not provide personal information stored in the People's Republic of China to foreign judicial or law enforcement agencies without the approval of the competent authorities of the People's Republic of China (Art. 41).
Coverage Horizontal

CHINA

Since November 2016, entry into force in June 2017
Since July 2022, entry into force in September 2022

Pillar Cross-border data policies  |  Sub-pillar Ban to transfer and local processing requirement
Cybersecurity Law《中华人民共和国网络安全法》

Outbound Data Transfer Security Assessment Measures《数据出境安全评估办法》
Art. 37 of the Cybersecurity Law requires "key information infrastructure" operators to store personal information and critical data within China. Personal information and critical data can be stored outside of China where there is a genuine need for business; in such case a "security assessment" needs to be conducted in accordance with procedures formulated by the Cyberspace Administration of China (CAC) in collaboration with other authorities.
Art. 4 of the Outbound Data Transfer Security Assessment Measures, promulgated by the CAC, outlines four situations where a security assessment is necessary before an outbound transfer can take place: 1) In cases where the transfer concerns “important data”, which is broadly defined as data that could endanger national security, economic operation, social stability, public health and safety; 2) In case the transfer concerns personal data by a critical information infrastructure operator or processor of personal information that processed data for 1 million or more individuals; 3) Also in the case of transfers concerning personal data by a personal information processor that has made outbound transfers of personal information of 100,000 individuals or sensitive personal information of 10,000 persons in the preceding year; 4) Lastly, the CAC may also require security assessment in other situations which are not further defined.
Art. 8 of the Measures covers the factors that the CAC will take into account when undertaking a security assessment. The assessment includes a wide range of aspects, for example:
- The risks that the transfer may entail for national security or public interests, among other policy objectives;
- Legitimacy, necessity and method of transfer;
- Whether the level of data protection in the recipient country meets the requirements of laws in China;
- Sensitivity of the data and risks of being tampered with abroad;
- Agreed safeguard measures between the data processor and data recipient;
- Any other matter that the CAC deems necessary.
In case of unfavourable outcomes, the data handler can ask the CAC for a re-assessment with a final decision. In case of a positive decision, the permission to transfer data abroad is valid for two years but if substantial changes in the risk factors arise, a new assessment might be needed.
Coverage Key information infrastructure operators

CHINA

Since December 2015, in force since January 2016

CHINA

Since September 2000, last amended in February 2016

Pillar Cross-border data policies  |  Sub-pillar Ban to transfer and local processing requirement
Telecommunications Regulations of the People's Republic of China 《中华人民共和国电信条例》
China's Telecommunications Regulations require all data collected inside China to be stored on Chinese servers. It is reported that as a result of this regulation, Hewlett Packard, Qualcomm, and Uber were required to divest more than 50% of their businesses in China to Chinese companies, to avoid fines.
Coverage Telecommunication services and cloud services

CHINA

Since May 2014

Pillar Cross-border data policies  |  Sub-pillar Ban to transfer and local processing requirement
Administrative Measures for Population Health Information (For Trial Implementation) 《人口健康信息的管理措施(试行)》
Population health information needs to be stored and processed within China. In addition, storage is not allowed overseas (Art. 10).
Coverage Health sector

CHINA

Since July 2016, in force since November 2016

Pillar Cross-border data policies  |  Sub-pillar Ban to transfer and local processing requirement
Interim Measures for the Administration of Online Taxi Booking Business Operations and Services 《网络预约出租汽车经营服务管理暂行办法》
China instituted a licensing system for online taxi companies which requires that the personal information and business data should be stored and used in mainland China and must not be transferred outside of China (Art. 27 of the Interim Measures for the Administration of Online Taxi Booking Business Operations and Services). Such information should be retained for two years, except when otherwise required by other laws and regulations. The Measurement also regulates that servers of the taxi companies should be set up in Mainland China, with a network security management system and technical measures for security protection in compliance with regulations (Art. 5.2).
Coverage Online taxi sector

CHINA

Since January 2011, entry into force in May 2011
Since February 2020

Pillar Cross-border data policies  |  Sub-pillar Ban to transfer and local processing requirement
Yinfa No. 17 [2011], Notice of the People's Bank of China on Protecting Personal Financial Information by Banking Financial Institutions 《人民银行关于银行业金融机构做好个人金融信息保护工作的通知》

Personal Financial Information Protection Technical Specification 《个人金融信息保护技术规范》
The "Notice of the People's Bank of China on Protecting Personal Financial Information by Banking Financial Institutions" states that the processing of personal information collected by commercial banks must be stored, handled and analysed within the territory of China and such personal information is not allowed to be transferred overseas (paragraph 6).
The Personal Financial Information Protection Technical Specification (PFI Specification) regulates “any personal information collected, processed and stored by Financial Institutions during the provision of financial products and services" (PFI). The PFI specification requires that PFI collected or generated in mainland China is stored, processed and analysed within the territory. Further, under the PFI Specification, where there is a business need for cross-border transfer of personal financial information (PFI) and the financial institution obtains explicit consent to the transfer from the personal financial information subjects (i.e the persons under the PFI Specification providing the data), conducts a security assessment and then supervises the offshore recipient to ensure responsible processing, storage and deletion of PFI (Section 7.1.3).
Coverage Financial sector

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