China Expects to Loosen Restrictions on Cross-Border Data Transfer

October 19, 2023 | BY

Susan Mok

Casper Sek of Jingtian & Gongcheng examines the implications of a new set of draft provisions aimed at regulating and facilitating the cross-border flow of data

Summary

  • Regulating the cross-border flow of data has always been a priority for Chinese regulators, particularly where personal data or potentially sensitive or secret information is concerned
  • A new set of draft provisions has been published which aim to regulate, and also facilitate, such flows
  • Companies should familiarize themselves with the provisions and examine their processes, particularly how much data they transfer annually
  • Although compliance burdens will increase in some areas, in others there will be significant simplification

 

On Sept. 28, 2023, just before the start of an 8-day public national holiday, the Cyberspace Administration of China (CAC) published a draft document titled the Provisions for Regulating and Promoting the Cross-Border Flow of Data (Draft for Comments) (规范和促进数据跨境流动规定（征求意见稿）), "Draft Provisions") for public feedback. 

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