CAC Formally Promulgates The Assessment Measures For Data Export

On July 7, 2022, the Cyberspace Administration of China (the "CAC") formally promulgated the Measures for Security Assessment of Cross-border Data Transfers (the "Assessment Measures"), which specify and implement the provisions on data export in accordance with Article 37 of the Cybersecurity Law of the People's Republic of China (the "CSL"), Article 31 of the Data Security Law of the People's Republic of China (the "DSL"), and Articles 36, 38, and 40 of the Personal Information Protection Law of the People's Republic of China (the "PIPL"). The Assessment Measures generally continue with strict supervision toward data exports and adopt the institutional framework proposed in the Measures for Security Assessment of Cross-border Data Transfers (Draft for Comment) (the "Draft Assessment Measures"), issued by the CAC on October 29, 2021, but relaxed provisions are also found in their details. In this newsletter, we briefly analyze the main contents of the Assessment