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China Issues Guidelines for Outbound Transfer of Personal Information

Tue, 15 Aug 2023
Categories: China Legal Trends

On 30 May 2023, the Cyberspace Administration of China (CAC) issued the “Guidelines for the Filing of Standard Contracts for the Outbound Transfer of Personal Information (First Edition)” (个人信息出境标准合同备案指南(第一版)), providing specific requirements for the methods, procedures, and materials for filing standard contracts for the outbound transfer of personal information.

Under Chinese law, when personal information processors provide personal information to overseas recipients through standard contracts for the overseas transfer of personal information with overseas recipients, they shall file with the cyberspace administration of the province where they are located (“local regulator”) in accordance with the “Measures for the Filing of Standard Contracts for the Outbound Transfer of Personal Information” (个人信息出境标准合同办法).

When applying for the filing of standard contracts, personal information processors shall also submit the “Personal Information Protection Impact Assessment Report” (个人信息保护影响评估报告) in addition to standard contracts.

Upon receiving and reviewing the material, local regulators will notify the personal information processors of the filing results, which may be approved or rejected.

 

 

Photo by Eva Zhou on Unsplash

Contributors: CJO Staff Contributors Team

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