Provisions on Facilitating and Regulating Cross-Border Data Flows Released
ISSUING AUTHORITY:
The Cyberspace Administration of China
DATE OF ISSUANCE:
March 22, 2024
EFFECTIVE DATE:
March 22, 2024
Six months after the release of the Draft Provisions on Regulating and Facilitating Cross-Border Data Flow, the Cyberspace Administration of China (CAC) officially released the long-awaited finalized Provisions on Facilitating and Regulating Cross-Border Data Flow (the “New Provisions”) on March 22, 2024.
Key highlights of the New Provisions include:
1.Prioritizing “facilitating” over “regulating,” which indicates a positive attitude to encouraging cross-border data flow and transfer;
2.Clarifying scenarios that are exempted from the data security assessment when the data processors transfer personal data out of China;
3.Clarifying reporting requirements of the important data; and
4.Authorizing Free Trade Zones to establish a negative data list.
The New Provisions are expected to promote coordination and consistency of global data protection standards and will also enhance the international community’s confidence in China’s digital economic development.
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