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ARTICLE · 31 AUGUST 2023

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Draft rules require companies to conduct regular personal data compliance audits

When these Compliance Audit Measures come into force, almost all companies in China will be affected by the requirements.

ChinaCorporate/Commercial Law

On 3 August 2023, the Cyberspace Administration of China (CAC) released the Management Measures for Compliance Audits on Personal Information Protection (Draft for Comments). These Compliance Audit Measures, once adopted, will oblige all companies in China that handle personal information (PI), to complete regular audits on whether personal information is processed in accordance with the PRC Personal Information Protection Law (PIPL).

Key points of the draft include:

  • Compliance audit requirements. A PI handler that processes PI of more than one million individuals is required to conduct a compliance audit at least once per year, while all other PI handlers are required to conduct a compliance audit every two years. Regulatory authorities may also require PI handlers to conduct compliance audits in the event of a security incident or when there is a significant risk in their PI processing activities.

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