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ARTICLE · 16 OCTOBER 2023

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China Publishes Draft Rules To Ease Data Export Compliance Burden

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The Cyberspace Administration of China ("CAC") on September 28, 2023 issued the draft Provisions on the Regulation and Promotion of Cross-Border Data Flows ("draft Provisions")...

ChinaPrivacy
Lester Ross
Lester Ross
Kenneth Zhou
Kenneth Zhou
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The Cyberspace Administration of China ("CAC") on September 28, 2023 issued the draft Provisions on the Regulation and Promotion of Cross-Border Data Flows ("draft Provisions"),1 just one year after China's data export security management framework was formally established.2The fact that CAC released the draft shortly before China's week-long National Holiday and set a short period for public comment (through October 15) suggests that CAC intends to finalize the draft and promulgate the Provisions soon.

The current data export compliance regime is underpinned by three alternative pillars: a mandatory data export security assessment when certain thresholds are crossed, personal information ("PI") standard contract clauses ("SCC") filing, or PI protection certification ("PIPC").

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