China Releases New Draft Measures Of Security Assessment For Data Cross-border Transfer

On 29 October, 2021, the Cyberspace Administration of China ("CAC") released the Data Export Security Assessment Measures (Draft for Comments) (《数据出境安全评估办法（征求意见稿）》in Chinese, "Draft Measures") to solicit public comments. Cross-border transfer of data has always been one of the most concerned issues for entities operating in China, especially for multinationals. As the third try of the CAC since its release of the other two draft measures respectively in 2017 and 2019, this latest version shall be paid great attention to. This alert will introduce how the Draft Measures interacts with the current data protection legislations and elaborate key highlights for kind reference.

I. Who Are Caught Under the Draft Measures