Cross-Border Data Transfer outside China: Attentive to the Rectification Period

Companies operating in China should be attentive to the Measures on Security Assessment of Cross-Border Data Transfers (Measures), published on July 7, 2022, as they take effect as early as September 1, 2022.  Among other things, the Measures require data processors to conduct a security assessment when: 1. Providing critical data outside of China. 2.… Continue reading Cross-Border Data Transfer outside China: Attentive to the Rectification Period

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

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

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

The PIPL Requires Data Mapping of Personal Information

With the new Personal Information Protection Law (PIPL), the assessment of the impact on data subjects through the Personal Information Security Impact Assessment (PISIA) becomes the center of attention. PISIA assesses the legal compliance of current personal data processing, identifies the risks to data subjects, and evaluates the effectiveness of the data protection measures taken.… Continue reading The PIPL Requires Data Mapping of Personal Information

Is Your Personal Data Safe with Chatbots?

Chatbots are popular in China and are part of everyday digital life. They can be found in business as well as in society, for example in customer service or as social chatbots, a kind of virtual friend of the user. One example is the app XiaoIce, which now has more than 40 million registered users… Continue reading Is Your Personal Data Safe with Chatbots?

Who Is Operator of Critical Information Infrastructure?

Critical Information Infrastructure Operators (CIIOs) are a central and so far vague concept of China’s new cybersecurity and data protection system. With the regulations on critical information infrastructure protection (“the regulations”) that came into force on September 1, 2020, the government is now creating more transparency, but at the same time increasing the pressure on… Continue reading Who Is Operator of Critical Information Infrastructure?

The Personal Information Protection Law (PIPL) Challenges Companies

After three revisions, China’s Personal Information Protection Law (PIPL), which has received much attention abroad, will come into force on November 1, 2021. It comprehensively protects personal data, going beyond the European General Data Protection Regulation (GDPR) – a milestone in Chinese legal history. Take Big Data price discrimination, for example: it refers to the… Continue reading The Personal Information Protection Law (PIPL) Challenges Companies