China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

China Issues Standard Contract for Data Export

Wed, 17 May 2023
Categories: China Legal Trends

On 22 Feb. 2023, the Cyberspace Administration of China (CAC) issued the “Measures for Standard Contract for Personal Information Export” (hereinafter the “Measures”, 个人信息出境标准合同办法) and the "Standard Contract for Personal Information Export” (hereinafter the “Standard Contract”个人信息出境标准合同)

In accordance with Article 38 of the Personal Information Protection Law, where a personal information processor transmits personal information abroad, it shall adopt any of the following three approaches: a) to pass the security assessment; b) to obtain the protection authentication; or c) to sign a standard contract.

The Measures is for the purpose of the approach c ‘to sign a standard contract’. Specifically:

  • The personal information processor may agree on other terms with the overseas recipient, provided that such terms do not conflict with the Standard Contract.
  • The personal information export shall not be carried out until the Standard Contract becomes effective.
  • The personal information processor shall file with the local provincial cyberspace administration within 10 working days from the effective date of the Standard Contract.

The CAC’s Standard Contract mainly includes the definition and basic elements of the Contract, the contractual obligations of the personal information processor and the overseas recipient, the impact of policies and regulations on the personal information protection in the overseas recipient’s country or region on the performance of the contract, the rights of the personal information subject and related remedies, as well as the cancellation of the contract, liability for breach of contract, dispute resolution and other matters. In addition, the Standard Contract also includes two appendices including the personal information export instructions and other terms agreed by both parties.

 

 

Cover Photo by volc xia 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”.