New Regulations on Cross-Border Data Flows Officially in Effect
March, 2024 - Shipo (Angus) Xie, Huayi CHEN, Jiyan LIU
The Cyberspace Administration of China (CAC) issued theProvisions on Regulating and Promoting Cross-Border Data Flows (Draft for Comments)(《规范和促进数据跨境流动规定(征求意见稿)》)on September 28, 2023 seeking public comments, which garnered significant attention. Yesterday (March 22, 2024), the CAC issued the official version of theProvisions on Promoting and Regulating Cross-Border Data Flows(《规范和促进数据跨境流动规定》)(the "Official Provisions"), which came into effect immediately upon publication.
Meanwhile, the CAC also issued theGuide to the Application for Security Assessment of Outbound Data Transfers (Second Edition)(《数据出境安全评估申报指南(第二版)》) and theGuide to the Filing of the Standard Contract for Outbound Transfer of Personal Information (Second Edition)(《个人信息出境标准合同备案指南(第二版)》), providing detailed procedural guidance for data processors. Data processors can now use the "Outbound Data Transfers Application System" (https://sjcj.cac.gov.cn) to apply for security assessment of outbound data transfers and file standard contracts for outbound personal information transfers.