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
Scott Warren has joined the faculty of China PrivSec, which will bring together senior professionals to explore Chinese privacy and security laws at a livestream event on March 15, 2022. In a session titled, “China’s Personal Information Protection Law (PIPL): What Businesses Need to Know,” Scott and his co-panelists, Wendy Pang, IP, CIPP/E, CIPM, Certified…
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”).
- Fundamental Principle. The fundamental principles under the PIPL is that collection and processing PI should be limited only the minimum level as necessary to fulfill the specific purpose of PI processing; or the so-called “as minimum and as necessary” principle. PI processing beyond the level of minimum and necessity may be found a violation of the PIPL, even if individual consent is obtained or other formality is fulfilled. PI processing and compliance program should be set up always with the fundamental principles in mind.
On April 29, 2021, the National People’s Congress Standing Committee of the People’s Republic of China released a second draft of the Personal Information Protection Law (the “PIPL”) for public comment. In general, the second draft does not deviate much from the prior version released in October 2020. For further details on the original draft of the PIPL, please see our previous blog and client alert.
China’s Personal Information Protection Law (Second Draft) – What to Expect (Consumer Privacy World Blog)
We have summarized the highlights of the proposed changes contained in the second draft below:
Continue Reading China Releases Second Draft of the Personal Information Protection Law: Comparison of Proposed Changes to First Draft