Overview On China's New Draft Measures For Data Cross-border Transfer

On October 29, 2021, the Cyberspace Administration of China ("CAC") published the Security Assessment Measures of Data Cross-border Transfer (Draft for Comments) (the "New Draft Measures") for public comments.

The New Draft Measures intends to set up clear implementation rules for the general principles of data cross-border transfer set forth in the Cyber Security Law, the Data Security Law and the Personal Information Protection Law. Although the current draft may be subject to further revisions before finalization, the following potential impacts of the New Draft Measures are worthy of attention:

1. Possibility to trigger assessment by the PRC government may impact the daily operations of many multinational companies.