Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.
View all Q2 2023 Global Guide Quarterly updates Download full Q2 2023 Global Guide Quarterly
Measures for the Standard Contract for Outbound Transfer of Personal Information
New Legislation Enacted
Author: Xi (Grace) Yang, Of Counsel – Littler
China’s Measures for the Standard Contract for Outbound Transfer of Personal Information (the Measures), promulgated by the Cyberspace Administration of China (CAC), came into effect on June 1, 2023. Under the Personal Information Protection Law, personal information (PI) handlers may legally transfer personal data out of China by entering into a standard contract with the overseas data recipient, provided it meets applicable thresholds and conditions under the Measures. The PI handler must conduct a PI impact assessment (PIA) before cross-border data transfer.
The Measures include a template Standard Contract. The PI handler may agree on additional clauses with the data recipient as long as the additional clauses do not conflict with the Standard Contract. The PI handler must, within ten working days of the effective date of the Standard Contract, file the contract and the PIA with the provincial level CAC. Right before the implementation of the Measures, the CAC released the Guideline on Filing Standard Contract for the Outbound Transfer of Personal Information (First Edition) that clarifies the filing requirements and timeline, including the documentation that needs to be submitted when filing the Standard Contract and a template PIA.
New Rules on Administrative Law Enforcement by the Cyberspace Administration of China
New Legislation Enacted
Author: Xi (Grace) Yang, Of Counsel – Littler
China’s Provisions on the Administrative Law Enforcement of Cyberspace Affairs Departments (the Provisions), promulgated by the Cyberspace Administration of China (CAC) took effect on June 1, 2023. The Provisions apply to the implementation of administrative penalties and other administrative law enforcement by the CAC and local cyberspace administrations.
Among other things, the Provisions improved the process for administrative punishment. For example, the cyberspace department will make a text or audio/video record of the entire process of administrative punishment in accordance with law, including initiation, investigation, collection of evidence, review, decision, service, and enforcement, and will archive and store the records. Under certain circumstances such as cases involving major public interests, relevant personnel must conduct a legal review before an administrative punishment decision is made. The rules also require the responsible persons of the cyberspace department to collectively discuss, transcribe, and decide upon the imposition of administrative penalties for complicated circumstances or major illegal acts.
