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 Enacts Landmark Private Economy Promotion Law

China enacted its landmark first Private Economy Promotion Law, effective May 20, 2025, to guarantee fair competition, streamline market access via a unified negative list, and bolster private enterprises through financing, innovation, and service support.

China Strengthens Criminal IP Protection with New Rules

In April 2025, China’s top court and procuratorate jointly issued a new judicial interpretation to clarify standards for handling criminal intellectual property infringement cases, aiming to strengthen IP protection, particularly in the service sector.

SPC’s 2024 Typical IP Cases Include AI Face-Swap Ruling

In April 2025, China’s Supreme People’s Court released eight typical IP cases, highlighting judicial responses to emerging issues in AI, gaming, and biotech, including a landmark ruling on AI face-swapping copyright infringement.

China Eases Tax Refunds to Boost Inbound Tourist Spending

In 2025, China has lowered its departure tax refund threshold from 500 RMB to 200 RMB and doubled cash refund limits to 20,000 RMB while expanding eligible stores and streamlining processes, aiming to boost inbound tourism spending and promote Chinese products.

Chinese Courts Bolster Pregnant Workers' Rights Protection

In April 2025, China's Ministry of Human Resources and Supreme People's Court released typical labor dispute cases emphasizing stronger protection of pregnant employees' rights, including a case where unlawful job reassignment and salary reduction were ruled illegal.

China Revises Marriage Registration Regulation

China's revised marriage registration rules, effective May 2025, eliminate location restrictions, simplify procedures by removing hukou requirements, and align divorce processes with the Civil Code's cooling-off period.

China’s SPC Issues Foreign State Immunity Case Guidelines

In March 2025, China's Supreme People's Court (SPC) issued procedural guidelines for handling civil cases involving foreign state immunity, implementing the country's shift from absolute to restrictive immunity under the new Foreign State Immunity Law.