Recently, the Cyberspace Administration of China issued new comprehensive provisional measures, which went into effect on August 15, 2023, and govern the development and use of generative AI (GAI) in China. The measures cover “GAI services” (including foreign-invested GAI services) provided within the PRC, including the text, pictures, audios, videos and other content they generate.
Our global data team has prepared a practical guide that compares three standard contracts, as a means of facilitating international data transfers, namely:
Continue Reading A Guide Comparing EU, China, ASEAN Standard Contracts for Data Transfers
At long last, China has issued the Standard Contract terms and the Measures for implementing them. Click here for more detailed analysis, but, in short:
On Thursday, July 21st, the Cyberspace Administration of China fined Didi, China’s largest ride service, CNY8B (@US$1.2B) for violations of its data privacy, data security and cybersecurity laws. The fine reportedly amounts to more than 4% of its total revenue of last year. It also fined the company’s Chairman (Cheng Wei) and President
The past week witnessed two major developments relating to data export from China. On one hand, the data export-related regulation was officially adopted which expands the scope of government assessment. On the other hand, the long-awaited draft personal data export standard contract and the rules relating to the application of the contract were released for
China Publishes New Draft Measure on Cross-Border Data Transfer
On October 29, 2021, China released the Draft Measures on Data Cross-Border Security Assessment (the “Draft Measures”) for public comments. Following its two previous versions in 2017 and 2019, this new draft is developed based on the very recent adoption of the Personal Information Protection Law
As reported in our recent post, on August 20, 2021, the National People’s Congress Standing Committee of the People’s Republic of China passed the Personal Information Protection Law (the “PIPL”). The implementation date is set for November 1, 2021, though we await some additional detail via promulgation orders on a number of important provisions, as set forth below, from the regulatory authorities.
Continue Reading New PRC Personal Information Protection Law Passed: A Deeper Dive into the Provisions
After three rounds of revisions, on August 20, 2021, the National People’s Congress Standing Committee of the People’s Republic of China officially passed the Personal Information Protection Law (the “PIPL”).
Continue Reading NEW: China’s Personal Information Protection Law
The People’s Republic of China (China), has been active lately in passing several new laws and regulations relating to data privacy and security. Here are 2 of the recent laws which tend to focus more on those handling data national security and/or public interest (ala Critical Information Infrastructure or Important Data).
Continue Reading China Passes New Data Privacy and Security Laws
China continues to be a hotbed of activity in the areas of privacy and cybersecurity legislation. For background on the draft Personal Information Protection Law (“PIPL”) and proposed modifications published in April 2021, please see:
China’s Personal Information Protection Law: What It Means to Companies (Client Alert)
China Releases Second Draft of the Personal Information Protection Law: Comparison of Proposed Changes to First Draft (Security & Privacy // Bytes Blog)
China’s Personal Information Protection Law (Second Draft) – What to Expect (Consumer Privacy World Blog)
In a related development, on April 26, 2021, the Ministry of Industry and Information and Technology of People’s Republic of China (the “MIIT”) issued draft Interim Measures on Personal Information Protection of Mobile Internet Applications “Measures”), for public comments.
This draft Measures follow several rounds of enforcement actions relating to mobile applications (“apps”) in recent years, targeting the over-collection of users’ personal information (“PI”) by demanding access to camera, microphone, photos, contact lists, etc. Currently, these activities are covered by two app-related practical guidelines, and the proposed Measures are the first comprehensive rules on the topic. The draft Measures specify various requirements and obligations applicable to app developers, distribution platforms, third-party app service providers, mobile device manufacturers and network access service providers. Other important provisions may be summarized as follows:
Continue Reading China Issues Draft Interim Measures on Personal Information Protection of Mobile Internet Applications