Draft Data Security Law: Highlights and Commentary
July 23, 2020 | BY
Susan MokJianwei (Jerry) Fang and Wenpei Yu of Zhong Lun Law Firm discuss the main features of the Draft Data Security Law including the definition of data, clarification of the scope of regulatory power, the new data mechanism, export control measures and increased penalties
The Draft is recognized as the fundamental law for data protection in China, and its significant role cannot be challenged despite numerous regulations and national standards relating to the protection of data and personal information…
The Draft Data Security Law (the Draft) (数据安全法 (草案)) was released on July 3, 2020 by the Standing Committee of the National People's Congress of China. The legislative work on the Draft began in October 2018 and received different opinions and suggestions from specialists, relevant enterprises and regulators before it was finally released in the Draft form. The Draft is recognized as the fundamental law for data protection in China, and its significant role cannot be challenged despite numerous regulations and national standards relating to the protection of data and personal information that have been successively published by Chinese authorities in recent years.
The framework of data and personal information protection, which includes the Civil Code, the Cybersecurity Law (网络安全法), the Personal Information Security Specification (个人信息安全规范) and the Draft offers more legislative structure in China.
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