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ARTICLE · 14 DECEMBER 2023

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China Proposes Greater Bay Area (GBA) Data Transfer Certification Regime

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China's National Information Security Standardisation Technical Committee (TC260) published draft Practical Guidelines on Cross-border Personal Information Protection Requirements...

GlobalPrivacy

China's National Information Security Standardisation Technical Committee (TC260) published draft Practical Guidelines on Cross-border Personal Information Protection Requirements in the Guangdong-Hong Kong-Macau Greater Bay Area (Draft GBA Guidelines)1 on 1 November 2023.

They propose a certification regime for cross-border data transfers within the GBA (GBA Certification), following a consultation period that ended on 15 November.

Background

The Draft GBA Guidelines are the first implementing regulations relating to the liberalisation of cross-border data transfer activities within the GBA.

Their release follows (a) signing of a memorandum of understanding (MoU) between the PRC and Hong Kong on 29 June 2023 to address data transfers in the GBA, and (b) issuance of the draft Provisions on Regulating and Promoting Cross-Border Data Transfers (Draft CBDT Provisions) by the Cyberspace Administration of China's (CAC) on 28 September 2023.

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