Navigating China's New Regulations for the Administration of Network Data Security

Summary

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• Newly administrative regulations are set to streamline and strengthen China's regulation of data security
• The regulations have evolved significantly since they were released in draft form with a number of requirements removed and others amended
• The Regulations cover all network data processing activities within China
• Companies will need to proactively take steps to comply, including by implementing data governance, real-time monitoring, cross-border transfer controls, and regular risk assessments

After being approved at the State Council's 40^th executive meeting, the full text of the final version of the Regulations for the Administration of Network Data Security (网络数据安全管理条例，the "Regulations") was published on September 30, 2024. With these Regulations set to take effect on January 1, 2025, China continues to bolster its legal framework surrounding data security protection and governance. In the field of data security regulation, these Regulations can be regarded as the most important regulatory document following the Data Security Law (数据安全法) and cover many aspects related to network data , including the general obligations of network data handlers, the obligations related to the processing of personal information, the security management mechanism for important data, the regulation of cross-border flow of data, and the obligations of operators of network platforms. etc.