China Issues Draft Guidance On Security Assessments For Cross-Border Data Transfers

The Cyberspace Administration of China has issued draft guidance on applying for and conducting security assessments for cross-border data transfers for public comment.

On October 29, 2021, the Cyberspace Administration of China ("CAC") issued draft Measures for the Assessment of Security of the Cross-Border Transfer of Data (the "Measures"). China's triumvirate of cybersecurity and privacy laws—the Cybersecurity Law, Data Security Law, and Personal Information Protection Law—requires a government security assessment before certain data can leave China.  

The Measures provide that a data handler (similar to a GDPR "data controller") must apply for government security assessment: