China Explores More Relaxed Regulation on Cross-Border Transfer of Personal Information within the Greater Bay Area

December 28, 2023 | BY

Susan Mok

Casper Sek of Jingtian & Gongcheng examines new implementation guidelines for data transfers and explains how these fit into the wider context of cooperation within the Greater Bay Area, as well as how companies will benefit

Summary


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  • Cross-boundary data flows are seen by the Chinese government as part of its strategy to promote closer connections between Hong Kong and mainland China
  • The new CAC and ITIB implementation guidelines are set to significantly reduce the compliance burden for companies in relevant circumstances
  • This includes the matters they will need to assess as well as the paperwork required for record filing
  • Companies can still expect rigorous enforcement, however, and should therefore ensure they are fully compliant with applicable requirements

On December 13, 2023, the Cyberspace Administration of China ("CAC") and the Innovation, Technology and Industry Bureau of Hong Kong S.A.R. ("ITIB") jointly published the Guidelines for Implementing the Standard Contract for the Cross-Boundary Flow of Personal Information Within the Guangdong-Hong Kong-Macao Greater Bay Area (Mainland and Hong Kong) (粤港澳大湾区(内地、香港)个人信息跨境流动标准合同实施指引, the "GBA Standard Contract Guidelines" ), aiming to facilitate and streamline the arrangements on cross-boundary flow of personal information from the Mainland cities in the GBA to Hong Kong. This new guideline is deemed as China's attempt to explore a more relaxed and flexible regulatory approach on the cross-border transfer of personal information within specific areas.

The Chinese central government is promoting the establishment of closer connections between Hong Kong and mainland China

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