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Credit: ALM

Data Export Security Assessment

On August 31, the Cyberspace Administration of China (CAC) promulgated the Guidelines for Data Export Security Assessment and Declaration (First Edition) (数据出境安全评估申报指南（第一版）), which came into effect on September 1.

The guidelines set out the review process of a data export security assessment, including the documents required and the instances where an assessment is required. A self-assessment report must be made to the CAC where a data export security assessment is required in instances including: (i) a data processor exports "important data"; (ii) a "critical information infrastructure operator", or data processor that handles the personal information of over 1 million individuals, exports personal information; (iii) a data processor who has exported the personal information of 100,000 individuals or the sensitive personal information of 10,000 individuals from the start of 2021 exports personal information; or (iv) the CAC deems it necessary. There are further detailed guidelines governing how the recipient must handle the data and the contents of a self-assessment report.