New Data Exchanges in China

On April 10, 2022, the Chinese government announced to accelerate the construction of the unified domestic market. Part of this is to also establish a data market to promote Big Data applications and AI development, focusing on data security and control of cross-border data transfer. To be allowed to provide data outside China, data processors… Continue reading New Data Exchanges in China

Data Compliance Can Prevent Penalties

Due to the three laws in the field of data – the Cyber Security Law, the Data Security Law and the Personal Information Protection Law – companies in China must set up a complete system to comply with data protection and security regulations. A good data compliance system can avoid warnings from administrative authorities during… Continue reading Data Compliance Can Prevent Penalties

First Tribunal for Data Resources Established

China continues to forge ahead in the development of the digital economy. For example, on May 18, 2022, China’s first professional court to handle cases related to data resources was established – the Data Resource Tribunal of Wenzhou Ouhai District People’s Court. The background: with the development of the digital economy, the production, storage, use… Continue reading First Tribunal for Data Resources Established

New Specifications: IT Security of Apps in China

On November 1, 2022, the national standard GB/T 41391-2022 “Information Security Technology Basic Requirements for Mobile Internet Applications (Apps) Collecting Personal Information,” published in April, will come into force. It applies to all app operators in China and is intended to regulate personal information collection activities. This standard is relevant to all companies that operate… Continue reading New Specifications: IT Security of Apps in China

App Certification in China

There are various certifications in China for protecting personal data in apps. The most important is the App Security Certification of the China Cybersecurity Review Technology and Certification Center (CCRC). It applies to apps of all service types, for example, apps developed and used in the smart home sector. However, there is one important requirement… Continue reading App Certification in China

First Corporate Data Compliance Guideline in China

On January 30, 2022, Shanghai issued the first official Corporate Data Compliance Guideline. The 38-article document guides companies to strengthen their data management in terms of data compliance, identification, assessment and elimination of data risks. The guideline emphasizes that a company’s management is responsible for data compliance and recommends that a dedicated data compliance management… Continue reading First Corporate Data Compliance Guideline in China

Measures of the Cyber Security Review

China continues to strengthen its control of operators of large Internet platforms. In addition to the regulation on the use of algorithms to influence user behavior, such as recommendation algorithms, which will come into force on March 1, 2022, the Cybersecurity Review Measures will come into force on February 15, 2022. In addition to operators… Continue reading Measures of the Cyber Security Review

Cyber Security and Data Protection: What’s in Store for 2022?

The year 2021 was – not only, but also – a turbulent year in the areas of cyber security and data protection in China. In addition to increased enforcement of the Multi-Level Protection Scheme (MLPS) in China, the implementation of which has been legally binding for companies in China since 2017 (see our webinars), many… Continue reading Cyber Security and Data Protection: What’s in Store for 2022?

Data Export Security Assessment: All Data Processors Are Involved

With the enactment of China’s Cybersecurity Law (CSL), Data Security Law (DSL), and Personal Information Protection Law (PIPL), security management and assessment of cross-border data transfer became a key issue. Following these three laws, China’s Cyberspace Administration (CAC) published the Measures on Data Export Security Assessment (Draft for Comments) on October 29, 2021, which provides… Continue reading Data Export Security Assessment: All Data Processors Are Involved

Patents and Data: Extraterritorial Effect of Chinese Laws

China’s Five-Year Plan calls for the development of a Chinese-style socialist rule of law that also has an impact abroad. The country is to distinguish itself as a first-choice jurisdiction for resolving cross-border disputes and promote the application of Chinese law abroad. International legal and regulatory norms should be amended and the Chinese legal system… Continue reading Patents and Data: Extraterritorial Effect of Chinese Laws