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In brief

On March 22, 2024, the Cyberspace Administration of China (“CAC”) issued the long waited Provisions on Facilitating and Standardizing Cross-Border Data Flow (the “New CBDT Rules”), which took effect from the same date.


As background, CAC released the draft Provisions on Standardizing and Facilitating Cross-Border Data Flow on September 28, 2023 for solicitation of public comments. Those draft rules were aimed at responding to the concerns and complaints raised by many companies operating in China (especially those foreign invested ones) about the sweeping and onerous obligations imposed by CAC on their outbound data provision/cross-border data transfer (“CBDT”) and the lengthy and opaque administrative formalities and processes for CDBT security assessment applications. The draft rules were expected to be and were actually finalized by CAC before the end of November 2023. However, presumably due to the controversies around policy orientation towards regulation and relaxation of CBDT activities, the finalized rules (i.e., the New CBDT Rules) were not published until very recently. With the New CBDT Rules being promulgated, the Chinese government finally released positive signals with moderate relaxation of its stringent control over CBDT activities since the promulgation of the Personal Information Protection Law of the PRC (the “PIPL”) in 2021, and the implementation of CBDT security assessment and China Standard Contract for Cross-Border Transfer of Personal Information starting from late 2022.

See full publication here.

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Author

Mr. Ruan speacializes in corporate and M&A and regulatory advisory matters in China, including data protection and cybersecurity matters. He has acted for clients across a broad range of industries, and has extensive experience in advising clients on strategic joint ventures and business alliances, corporate-commercial and technology transactions, TMT regulatory matters as well as financial service and insurance regulatory matters.
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.

Author

Xi Chen is an Associate in FenXun, Beijing office. br> 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. 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.

Author

Chris Jiang is a Counsel in FenXun, Shanghai office.
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.

Author

Michael Wang is an Associate in FenXun, Shanghai office.
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.

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