Littler Global Guide - China - Q4 2023

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Standard Contract for the Cross-boundary Flow of Personal Information Within the Guangdong-Hong Kong-Macao Greater Bay Area

New Legislation Enacted

Author: Xi (Grace) Yang, Of Counsel – Littler

On December 13, 2023, the Cyberspace Administration of China (CAC) and the Hong Kong Innovation, Technology and Industry Bureau released a set of guidelines to facilitate and streamline the cross-boundary flow of personal information within the Guangdong-Hong Kong-Macao Greater Bay Area.

The guidelines allow individuals and organizations in the mainland cities (i.e., Guangzhou, Shenzhen, Zhuhai, Foshan, Huizhou, Dongguan, Zhongshan, Jiangmen and Zhaoqing in Guangdong Province) and Hong Kong to engage in data flow, with the exception of “important data,” as defined by the relevant authority, by entering into a standard contract. Further, the guidelines lift the restriction on the volume of cross-boundary flow of personal data that can be transferred and specify the documents to be submitted to the government for the personal information protection impact assessment.

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.