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Measures for the Standard Contract for Outbound Transfer of Personal Information
New Legislation Enacted
Author: Xi (Grace) Yang, Of Counsel – Littler
China’s Measures for the Standard Contract for Outbound Transfer of Personal Information (the Measures), promulgated by the Cyberspace Administration of China (CAC), came into effect on June 1, 2023. Under the Personal Information Protection Law, personal information (PI) handlers may legally transfer personal data out of China by entering into a standard contract with the overseas data recipient, provided it meets applicable thresholds and conditions under the Measures. The PI handler must conduct a PI impact assessment (PIA) before cross-border data transfer.
The Measures include a template Standard Contract. The PI handler may agree on additional clauses with the data recipient as long as the additional clauses do not conflict with the Standard Contract. The PI handler must, within ten working days of the effective date of the Standard Contract, file the contract and the PIA with the provincial level CAC. Right before the implementation of the Measures, the CAC released the Guideline on Filing Standard Contract for the Outbound Transfer of Personal Information (First Edition)...
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