China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

China Refines Supportive Measures for Data Exit Security Evaluation

Sat, 11 Dec 2021
Categories: China Legal Trends

On 29 Oct. 2021, the Cyberspace Administration of China (CAC) issued the proposed “Measures of Data Exit Security Evaluation (Draft for public comment)” (hereinafter “the Measures”, 数据出境安全评估办法(征求意见稿)).

The Measures sets up a security assessment for transferring important data or large amounts of personal information.

The Measures requires data processors transferring data outside of China that meet one of the following circumstances must declare the Data Exit Security Assessment of the data to the National Network Information Department through the provincial CAC:

  1. personal information and important data collected and generated by operators of critical information infrastructure;
  2. outbound data contains essential data;
  3. personal Information Processors who have processed the personal information of one million people provide personal data outside of China;
  4. the personal information of more than 100,000 people or sensitive personal information of more than 10,000 people outside of China; or
  5. other situations required by the CAC that entail Data Exit Security Assessment.

This provision is a refinement of the current rules, namely, Article 36, Personal Information Protection Law (个人信息保护法) and Article 30, the Data Security Law (数据安全法).

 

 

Cover Photo by Carlos Muza on Unsplash

Contributors: CJO Staff Contributors Team

Save as PDF

Related laws on China Laws Portal

You might also like

PRC Double Interest neither Double nor Penal, Australian Courts Clear Its Name When Enforcing Chinese Judgments

Recent Australian case law clarifies that the “double interest” mechanism in the People’s Republic of China (PRC) monetary judgments functions as a compensatory post-judgment interest framework rather than an unenforceable penalty. This consolidates Australia’s position as a highly attractive and creditor-friendly forum for enforcing Chinese judgments. See Zhengzhou Lvdu Real Estate Group Co v Shu [2024] NSWSC 58 (6 February 2024), Fu v Pang [2025] VSC 597 (16 September 2025)

IOMed Settles First Case, Resolving China-Singapore Maritime Dispute

The newly established International Organization for Mediation (IOMed) has successfully resolved its inaugural case—a maritime charter dispute between Chinese and Singaporean parties—marking a major milestone for the world’s first government-backed global mediation body.

China Overhauls Arbitration Law for Global Alignment

Having entered into force on March 1, 2026, China’s first comprehensive revision of its 1995 Arbitration Law has introduced ad hoc arbitration, strengthened interim relief, and aligned the legal framework more closely with international standards.