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ARTICLE · 15 JULY 2022

(Not So) Standard Contracts? Draft Standard Contracts Finally Released In China

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More than nine months after the Personal Information Protection Law (PIPL) came into force in the PRC, the Cyberspace Administration of China (CAC) issued the long-awaited...

ChinaTechnology

More than nine months after the Personal Information Protection Law (PIPL) came into force in the PRC, the Cyberspace Administration of China (CAC) issued the long-awaited Draft Provisions on Standard Contracts for the Export of Personal Information (Draft Provisions) on 30 June 2022.

The Draft Provisions supplement Article 38(3) of the PIPL, which provides that data controllers may use a standard contract in order to transfer personal information outside of the PRC (SCC Mechanism). A draft standard contract has been annexed to the Draft Provisions (Draft Standard Contract). The deadline for comments and feedback on the Draft Provisions is 29 July 2022.

Application

The Draft Provisions specify the triggers and conditions for when data controllers may rely on the SCC Mechanism1, which are as follows:

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