CHINA
Since August 2021, entry into force in November 2021
Pillar Domestic data policies |
Sub-pillar Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Personal Information Protection Law (个人信息保护法)
Under Art. 55 of the Personal Information Protection Law, a personal information handler must conduct a personal information protection impact assessment prior to: processing sensitive personal information; using personal information in automated decision-making; engaging an entrusted party to process personal information on the personal information handler's behalf; providing personal information to another personal information handler; disclosing personal information to the public; transferring personal information outside of China; or any processing activity that will have a material impact on the personal rights and interests of an individual. The personal information protection impact assessment must specify: whether the purpose(s) and method(s) of processing are lawful, legitimate, and necessary; the impact of the processing on individuals' rights and interests, and the level of risk involved; and whether the protective measures undertaken are lawful, effective, and commensurate to the degree of such risk.
Coverage Horizontal
CHINA
Since October 2020
Pillar Domestic data policies |
Sub-pillar Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
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 Personal Information Security Specification provides that personal information controllers shall appoint a person and a department responsible for personal information (PI) protection. The person responsible for PI protection must have relevant management experience and personal information protection expertise, participate in important decisions on personal information processing activities, and report directly to the principal of the organization.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230221153710/https://www.tc260.org.cn/upload/2020-09-18/1600432872689070371.pdf
- https://web.archive.org/web/20211124183425/https://www.manafoundation.org/uploads/soft/200601/%E4%BF%A1%E6%81%AF%E5%AE%89%E5%85%A8%E6%8A%80%E6%9C%AF%E4%B8%AA%E4%BA%BA%E4%BF%A1%E6%81%AF%E5%AE%89%E5%85%...
CHINA
Since November 2016, entry into force in June 2017
Pillar Domestic data policies |
Sub-pillar Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Cybersecurity Law (网络安全法)
Art. 21 of the Cybersecurity Law requires network operators to appoint persons in charge of cybersecurity. Critical information infrastructure operators (CIIO) are also required to set up specialised security management bodies and persons responsible for security management. Further, CIIO's must conduct security background checks on those responsible persons and personnel in critical positions.
Coverage Horizontal
CHINA
Since June 2021, entry into force in September 2021
Pillar Domestic data policies |
Sub-pillar Requirement to allow the government to access personal data collected
Data Security Law of the People’s Republic of China (中华人民共和国数据安全法)
Art. 35 of the Data Security Law stipulates that where public security or national security authorities need to consult any data in order to safeguard national security or investigate a crime, the relevant organizations and individuals must provide such data. The same article stipulates that before getting access to the data held by private organizations, public security or national security authorities must go through strict approval formalities in advance.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231114111252/http://www.cac.gov.cn/2016-11/07/c_1119867116.htm
- https://web.archive.org/web/20231211020322/https://www.dataguidance.com/notes/china-third-country-assessment
- https://web.archive.org/web/20230325150629/http://www.npc.gov.cn/npc/c30834/202106/7c9af12f51334a73b56d7938f99a788a.shtml
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CHINA
Since April 2023, entry into force in July 2023
Pillar Domestic data policies |
Sub-pillar Requirement to allow the government to access personal data collected
Counter-espionage Law of the People's Republic of China (中华人民共和国反间谍法)
The Counter-espionage Law of the People's Republic of China permits security authorities to inspect the baggage, electronic devices and facilities of individuals suspected of espionage and obliges logistics and telecommunications companies in China to provide “technical support” to fight espionage (Art. 41). It is reported that the Law’s broad definition of agents may offer an avenue to justify gathering data from foreign firms and their employees while they conduct business in China. This could reportedly give the Chinese authorities access to sensitive company data or trade secrets under the guise of preventing foreign cyber espionage.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231105210414/https://www.chinalawtranslate.com/en/counter-espionage-law-2023/
- https://web.archive.org/web/20230803195143/https://www.lexology.com/library/detail.aspx?g=629864e4-351e-4831-a98f-fa08cb2924fa
- https://web.archive.org/web/20230912230828/https://www.gov.cn/yaowen/2023-04/27/content_5753385.htm
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CHINA
Since August 2017
Pillar Cross-border data policies |
Sub-pillar Infrastructure requirement
Guiding Opinions on Encouraging and Regulating the Development of Internet Rental Bicycles (交通运输部等10部门关于鼓励和规范互联网 租赁自行车发展的指导意见)
According to Section 13 of the Guiding Opinions on Encouraging and Regulating the Development of Internet Rental Bicycles, companies offering internet-based bicycle rental services are required to establish domestic servers and store operational data collected within China.
Coverage Internet rental bicycle services
Sources
- https://web.archive.org/web/20220819131018/http://www.gov.cn/xinwen/2017-08/03/content_5215640.htm
- https://web.archive.org/web/20241202143415/https://digitalpolicyalert.org/event/12168-adopted-guiding-opinions-on-encouraging-and-regulating-the-development-of-internet-rental-bicycles
- https://web.archive.org/web/20231204231748/https://ecipe.org/blog/didi-what-brussels-learns-from-chinas-crackdown-on-ride-hailing-apps/#_ftn30
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CHINA
Since February 2016
Pillar Cross-border data policies |
Sub-pillar Infrastructure requirement
Online Publishing Service Management Rules (网络出版服务管理规定)
Arts. 8 and 9 of the Online Publishing Service Management Rules mandate that the servers and storage equipment of online publishers must be situated within the borders of China.
Coverage Online publishers
Sources
- https://web.archive.org/web/20230419080201/http://www.gov.cn/zhengce/2022-11/09/content_5724634.htm
- https://web.archive.org/web/20231128184822/https://digichina.stanford.edu/work/online-publishing-service-management-rules/
- https://web.archive.org/web/20210410200350/https://www.lexology.com/library/detail.aspx?g=ae42b04f-2289-44ac-8b07-1f3ec03bc1aa
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CHINA
Since August 2021, entry into force in November 2021
Pillar Cross-border data policies |
Sub-pillar Conditional flow regime
Personal Information Protection Law (个人信息保护法)
Art. 40 of the Personal Information Protection Law 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 organised 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 the PRC: passing the security assessment organised by the National Cyberspace Department; obtaining personal information protection certification from the relevant specialised institution according to the provisions issued by the national cyberspace department; concluding a contract stipulating both parties' rights and obligations with the overseas recipient following 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 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).
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 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 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)
Art. 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 the 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 organisations 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
- https://web.archive.org/web/20231227001129/https://digichina.stanford.edu/work/information-security-technology-guidelines-for-personal-information-protection-on-public-and-commercial-service-informati...
- https://web.archive.org/web/20240712200613/https://www.dlapiperdataprotection.com/system/modules/za.co.heliosdesign.dla.lotw.data_protection/functions/handbook.pdf?country-1=CN
- https://web.archive.org/web/20231128172929/http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2280037
- https://web.archive.org/web/20200727022639/http://law.emory.edu/elj/content/volume-64/issue-3/articles/data-nationalism.html
- https://web.archive.org/web/20211025231401/http://www.insideprivacy.com/international/china/china-releases-national-standard-for-personal-information-collected-over-information-systems-industr/
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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)
Section 9.2.i of 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.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240617005345/https://www.wilmerhale.com/en/insights/client-alerts/20200324-china-issues-new-personal-information-security-specification
- https://web.archive.org/web/20220524101741/https://www.pipchina.cn/uploads/20210926/1632643529092037513.pdf
- https://web.archive.org/web/20230910032835/https://www.tc260.org.cn/upload/2020-09-18/1600432872689070371.pdf
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CHINA
Since July 2016, entry into force November 2016, last amended in November 2022
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 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 states that taxi companies' servers 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
Sources
- https://web.archive.org/web/20221206231444/https://www.ft.com/content/d08338b6-6fde-11e5-ad6d-f4ed76f0900a
- https://web.archive.org/web/20200103063359/https://www.cnbc.com/2016/07/28/uber-didi-hail-chinas-new-taxi-app-rules.html
- https://web.archive.org/web/20220120180804/https://thelawreviews.co.uk/title/the-privacy-data-protection-and-cybersecurity-law-review/china
- https://web.archive.org/web/20220211121149/http://www.gov.cn/xinwen/2016-07/28/content_5095584.htm
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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 December 2015, entry into force in January 2016
Pillar Cross-border data policies |
Sub-pillar Ban to transfer and local processing requirement
Map Management Regulations (地图管理条例)
According to Art. 34 of Map Management Regulations, online maps are required to set up their server inside the country and acquire an official certificate.
Coverage Maps services
Sources
- https://web.archive.org/web/20201125032510/https://www.bloomberg.com/news/articles/2015-12-17/china-cracks-down-on-politically-incorrect-maps
- https://web.archive.org/web/20171105173843/http://shanghaiist.com/2015/12/17/dont_get_caught_with_wrong_maps.php
- https://web.archive.org/web/20220205220322/http://www.businessinsider.com/companies-must-keep-map-data-on-servers-within-chinas-borders-2015-12?IR=T
- https://web.archive.org/web/20190319091120/http://english.gov.cn/policies/latest_releases/2015/12/14/content_281475253904932.htm
- https://web.archive.org/web/20241202145504/https://www.global-regulation.com/translation/china/3024692/map-regulations.html
- https://web.archive.org/web/20220207175703/http://www.gov.cn/zhengce/content/2015-12/14/content_10403.htm
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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.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230318162638/http://en.npc.gov.cn.cdurl.cn/2021-12/29/c_694559.htm
- https://web.archive.org/web/20230327145925/https://www.dataguidance.com/notes/china-data-protection-overview
- https://web.archive.org/web/20201129095844/https://www.mondaq.com/china/data-protection/1010164/china-releases-draft-personal-information-protection-law-
- https://web.archive.org/web/20230926053640/https://www.china-briefing.com/news/data-privacy-china-personal-information-protection-law-it-compliance-considerations/
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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)
It is reported that China's Telecommunications Regulations require all data collected within the country to be stored on Chinese servers. However, the relevant article has not been found in the regulations. Moreover, it is reported that, as a result of this regulation, Hewlett-Packard, Qualcomm, and Uber had to divest more than 50% of their businesses in China to Chinese companies to avoid fines.
Coverage Telecommunication services and cloud services
Sources
- https://web.archive.org/web/20231215121402/https://www.usitc.gov/publications/332/pub4716.pdf
- https://web.archive.org/web/20231229235811/http://www.china.org.cn/business/laws_regulations/2010-01/20/content_19273945.htm
- https://web.archive.org/web/20211021114802/https://www.kneppelhout.com/news/e-commerce-platform-applying-for-edi-license-in-china
- https://web.archive.org/web/20230309072123/http://www.gov.cn/zhengce/2020-12/26/content_5574368.htm
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