On July 7, 2022, the Cyberspace Administration of China (“CAC”) released the Security Assessment Measures of Cross-border Data Transfer ( the “Measures”) which will be effective from September 1, 2022. Previously on October 29, 2021, CAC has published a draft version of such Measures for public comments (which we covered in this blog post: here). In this blog post, we will present the major differences between this final version of the Measures and the prior draft version.
Ruiqi Guo is an associate in the Corporate Practice Group in the firm’s Shanghai office.
Recently, thirteen relevant Chinese government agencies (e.g. Cyberspace Administration of China, National Development and Reform Commission of China, China Securities Regulatory Commission, etc.) jointly released amended Cybersecurity Review Measures (the “New Measures”) to amend and supersede the prior version of such measures issued on April 13, 2020. The New Measures will become effective on February 15, 2022.
Continue Reading China Issued Amended Cybersecurity Review Measures
The National Development and Reform Commission of China and Ministry of Commerce of China jointly released, on December 27, 2021, the “Special Administrative Measures for Foreign Investment Access (Negative List)” (2021 Version) (the “National List”) and the “Special Administrative Measures for Foreign Investment Access in the Pilot Free Trade Zone (Negative List)” (2021 Version)(the “FTZ List”). These negative lists have become effective on January 1, 2022 and on the same day, the 2020 version of these negative lists were repealed. These negative lists set forth categories of industries and businesses in which China has imposed restrictions (e.g., cap on shareholding percentage) or prohibitions on foreign investment or ownership. For example, the National List states that healthcare institutions shall not be wholly owned by foreign investors.
Continue Reading China Issued 2021 Version of Negative List for Foreign Investment
On October 29, 2021, the Cyberspace Administration of China (“CAC”) published the Security Assessment Measures of Data Cross-border Transfer (Draft for Comments) (the “New Draft Measures”) for public comments.
Continue Reading Overview on China’s New Draft Measures for Data Cross-border Transfer
On August 20, 2021, the Standing Committee of the National People’s Congress adopted the Personal Information Protection Law of the People’s Republic of China (the “Personal Information Protection Law”). The Personal Information Protection Law will become effective on November 1, 2021, and will then, together with the Cybersecurity Law of the People’s Republic of China (the “Cybersecurity Law”) and the Data Security Law of the People’s Republic of China (which will become effective on September 1, 2021, the “Data Security Law”), form the foundation of the data security legal regime of China.
Continue Reading Highlights of China’s Recently Adopted Personal Information Protection Law