China Justice Observer


EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

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

Save as PDF

You might also like

China Introduces New Drunk Driving Convictions Standards Effective 2023

In December 2023, China announced updated standards for drunk driving convictions, stating that individuals who drive with a blood alcohol content (BAC) of 80mg/100ml or higher on a breath test may be held criminally liable, according to the recent joint announcement by the Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, and Ministry of Justice.

SPC's Revised Rules Extend Reach of International Commercial Courts

In December 2023, China's Supreme People’s Court's newly amended provisions extended the reach of its International Commercial Courts (CICC). To establish a valid choice of court agreement, three requirements must be met - the international nature, the agreement in writing, and the amount in controversy - while the 'actual connection' is no longer required.

SPC Releases Typical Cases of Punitive Damages for Food Safety

In November 2023, China's Supreme People's Court (SPC) released typical cases of punitive damages for food safety, emphasizing consumer rights protection and highlighting instances of tenfold compensation awarded to consumers for food safety violations.

SPC Adjusts Jurisdiction of Its IP Court

In October 2023, China’s Supreme People’s Court (SPC) issued “Decisions to Amend the Provisions on Several Issues Concerning the Intellectual Property Court”.