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ARTICLE · 17 APRIL 2024

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Safe Harbors Part I – From Regulating To Facilitating: Key Developments In China's Safe Harbor Rules

K&L Gates
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Six months after the Cyberspace Administration of China (the CAC) sought public consultation on the draft Provisions on Regulating and Facilitating Cross-Border Data Flow (the Draft Provisions.

ChinaPrivacy
Amigo L. Xie
Amigo L. Xie
Dan Wu
Dan Wu

Six months after the Cyberspace Administration of China (the CAC) sought public consultation on the draft Provisions on Regulating and Facilitating Cross-Border Data Flow (the Draft Provisions, Chinese version only), the Provisions on Facilitating and Regulating Cross-border Data Flow (the Provisions, Chinese version only) was officially promulgated on 22 March 2024 with immediate effect.

Prior to the release of the Provisions, multinational corporations (MNCs) with the need to transfer data, especially personal data, out of China, were required to go through one of the three data export mechanisms: (i) the security assessment conducted by the CAC (the CAC Assessment) (please refer to our CAC Assessment series: Part 1, Part 2, and Part 3); (ii) the protection certification by a licensed organization (the Licensed Certification) (as detailed in our client alert on the licensed certification1); and (iii) the China standard contract (the China SCC) (see our client

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