On July 7, 2022, 8 months since the release of a draft for
public consultation, the Cyberspace Administration of China
("CAC"), China's cyber watchdog, released the final
version of Measures for the Security Assessment of Outbound Data
Transfer (the "Assessment Measures"), which are set to
come into effect on September 1, 2022. An official
Q&A regarding these Assessment Measures was also released
by CAC on the same day.
The release of these Assessment Measures marks the
finalization of China's security assessment rules
of cross-border data transfer after the Cybersecurity Law
of the PRC (the "CSL") first set out the
security assessment requirements for transferring data outside of
mainland. After the CSL, the Data Security Law of the PRC (the
"DSL") and the Personal Information Protection Law of the
PRC (the "PIPL") also require a prior security
assessment before transferring overseas important data and personal
information under certain circumstances, respectively.
