On 30 June 2022, the Cyberspace Administration of China (CAC) released the draft Rules concerning the Standard Contract for Cross-Border Transfer of Personal Information (“Draft Rules“) together with the draft Standard Contractual Clauses (China SCCs) for public consultation. The China SCCs for cross-border transfer of personal information are one of the three mechanisms for transferring personal information outside of China as stipulated in the Personal Information Protection Law of China (PIPL). The Technical Specifications for Security Certification of Cross-border Processing of Personal Information (“Certification Specifications,” a document without the force of law or regulation) and the final version of the Measures for Security Assessment of Transferring Data Abroad (“Security Assessment Measures“) were also issued in the past few weeks, with the latter one being released by the CAC on 7 July 2022, and they are intended to provide for the detailed implementation rules and guidelines concerning the other two mechanisms for cross-border transfer of personal information.
Once finalized, the Draft Rules will become the “last piece of the puzzle,” and the Chinese regulators will have relatively clear rules and guidelines concerning the cross-border transfer of personal information which will enable it to roll out the complete suite of the legal mechanisms for cross-border transfers of personal information in accordance with the PIPL around the first anniversary of the promulgation of the PIPL.
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Zhenyu Ruan is a senior counsel and Yangdi Zhao and Cora Wu are associates of FenXun Partners which is a premier Chinese law firm. FenXun established a Joint Operation Office with Baker McKenzie in China as Baker McKenzie FenXun which was approved by the Shanghai Justice Bureau in 2015.
Baker & McKenzie FenXun (FTZ) Joint Operation Office is a joint operation between Baker & McKenzie LLP, an Illinois limited liability partnership, and FenXun Partners, a Chinese law firm. The Joint Operation has been approved by the Shanghai Justice Bureau. In accordance with the common terminology used in professional service organisations, reference to a “partner” means a person who is a partner, or equivalent, in such a law firm. This may qualify as “Attorney Advertising” requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome.
This client alert has been prepared for clients and professional associates of Baker & McKenzie FenXun (FTZ) Joint Operation Office. Whilst every effort has been made to ensure accuracy, this client alert is not an exhaustive treatment of the area of law discussed and no responsibility for any loss occasioned to any person acting or refraining from action as a result of material in this presentation is accepted by Baker & McKenzie FenXun (FTZ) Joint Operation Office.