China To Loosen Cross-Border Data Transfer Rules

Introduction

Late on 28 September 2023, the Cyberspace Administration of China ("CAC") issued the Regulations for Standardising and Promoting Cross-Border Data Flows (Draft for Comments) ("Draft Regulations") to solicit public comments. The Draft Regulations appear to relax some of the CAC's previous requirements in relation to cross-border data transfers.

This Special Edition Newsletter will give readers an overview of the Draft Regulations and their potential impact on cross-border data transfers. It also includes a bilingual copy of the Draft Regulations that my team has prepared for reference purposes.

Finally, I will respond to the CAC's public solicitation request with proposed changes to the Draft Regulations by 15 October 2023. I welcome any views, comments or questions about the Draft Regulations that you would like me to incorporate within my submission to the CAC.