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China Drafts Standard Contract Provisions for Personal Information Export

Wed, 10 Aug 2022
Categories: China Legal Trends

On 30 June 2022, the Cyberspace Administration of China (CAC) released the draft “Standard Contract Provisions for the Export of Personal Information” (个人信息出境标准合同规定(征求意见稿), hereinafter referred to as the “Draft”) for public comment through 29 July 2022.

The Draft stipulates the model clauses and specific requirements for a “Standard Contract” to clarify how companies can transfer personal information outside the borders of the People’s Republic of China.

According to the Draft, personal information (PI) processors who provide PI abroad shall sign Standard Contracts with overseas recipients following the provisions of the Draft, provided that:

  • they are operators of non-critical information infrastructure;
  • they process the PI of fewer than one million people;
  • since 1 January of the previous year, they have transferred less than 100,000 people’s PI abroad; and
  • since 1 January of the previous year, they have transferred less than 10,000 people’s sensitive PI abroad.

 

 

Cover Photo by Xu A on Unsplash

Contributors: CJO Staff Contributors Team

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