ARTICLE · 06 OCTOBER 2023
China's CAC Changes Course On Cross-Border Transfers With Draft Regulations
On September 28, 2023, the Cyberspace Administration of China (CAC) published Regulations to Standardize and Promote Cross-Border Data Flows (Draft for Comments) (the Draft Regulations).
On September 28, 2023, the Cyberspace Administration of China
(CAC) published Regulations to Standardize and Promote Cross-Border
Data Flows (Draft for Comments) (the Draft Regulations). In current
form, the Draft Regulations appear to clarify and walk back the
requirements from prior regulations, including the Data Transfer
Security Assessment Measures (Security Assessment Measures) and the
Standard Contract Measures for the Transfer of Personal Information
(the SCC Measures). Companies that have started the Security
Assessment, Standard Contract, or personal information protection
certification processes may need to reassess the necessity based on
the Draft Regulations and their data-collection and ‑transfer
practices.
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