As China Cross-Border Data Transfer Security Assessment Requirement Comes Into Effect, New Guidelines Posted For Security Assessment Application

The new guidelines provide insight into how businesses can submit applications to the CAC in order to obtain approval via the CAC security assessment cross-border data transfer requirement.

As of September 2022, all businesses falling within the scope of China's Cyberspace Administration ("CAC") of China security assessment (one of three mechanisms that allow a business to conduct cross-border data transfers) must be complying with the applicable self-assessment and government assessment requirements. To help businesses comply, the CAC recently released guidelines on the applicable requirements.

Last year, China's sweeping data protection law, the Personal Information Protection Law ("PIPL"), went into effect on November 1, 2021. The law specifically addresses entities that engage in transferring personal data from China to a location outside of China, but it left many wondering what exactly the new cross-border data transfer requirements are and how they