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ARTICLE · 21 JUNE 2021

China Promulgates Data Security Law

WilmerHale
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The Standing Committee of China's National People's Congress (NPC) on June 10 enacted the Data Security Law (DSL) which will come into effect on September 1.

ChinaTechnology
Lester Ross
Lester Ross
Kenneth Zhou
Kenneth Zhou
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The Standing Committee of China's National People's Congress (NPC) on June 10 enacted the Data Security Law (DSL) which will come into effect on September 1.1 The NPC reviewed two earlier drafts of the DSL in July 20202 and April 20213 which WilmerHale analyzed at the time. This alert will focus on (1) the modification which the DSL has adopted on top of the two previous drafts; (2) the extraterritorial reach of the DSL; and (3) the restrictions the DSL imposes on cross-border data transfers.

(1) Compared with the previous drafts, the DSL would 

(i) establish a national data security working coordination mechanism to coordinate important matters and core tasks related to national data security, such as creating catalogues of what constitutes important data4 (Articles 5 and 21); 

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