The Data Outbound Negative List of the Beijing Free Trade Zone

October 15, 2024 | BY

Susan Mok

A new 'negative list' governing outbound data transfer from the Beijing Free Trade Zone is set to dramatically streamline operations for companies in five key sectors. Wenpei Yu and Yunsi Hu of Lifeng Partners examine the list and how it will work in practice

Summary

|
  • A new scenario-based, field-level data outbound negative list has been issued, applicable to companies operating in the Beijing FTZ
  • This is the third set of special cross-border data transfer rules to be formulated in a Chinese pilot FTZ
  • For companies in the Beijing FTZ, the process of completing a Beijing Negative List filing could be as short as five working days
  • Companies outside the zone will also find the new list to be an important reference standard

On August 30, 2024, the Beijing Municipal Cyberspace Administration (the "Beijing CAC"), the Beijing Municipal Bureau of Commerce, the Beijing Municipal Government Services and Data Management Bureau jointly released the first scenario-based, field-level data outbound negative list of the China (Beijing) Pilot Free Trade Zone (the "Beijing FTZ"), the China (Beijing) Pilot Free Trade Zone, List for the Administration of the Cross-Border Transfer of Data (Negative List) (2024 Edition) (中国（北京）自由贸易试验区数据出境管理清单（负面清单）（2024版）), referred to here as the "Beijing Negative List".

The Beijing Negative List covers data in five industrial sectors: automotive (noting that the current edition specifically excludes its application to automatic driving companies), pharmaceutical, civil aviation, retail & modern services, and artificial intelligence training. Those sectors are key industries with rapidly increasing data export demands. According to the official policy interpretation, the Beijing Negative List will be dynamically updated and extended to cover data in more industrial sectors in the future.

This premium content is reserved for
China Law & Practice Subscribers.

  • A database of over 3,000 essential documents including key PRC legislation translated into English
  • A choice of newsletters to alert you to changes affecting your business including sector specific updates
  • Premium access to the mobile optimized site for timely analysis that guides you through China's ever-changing business environment
For enterprise-wide or corporate enquiries, please contact our experienced Sales Professionals at +44 (0)203 868 7546 or [email protected]