On 19 May 2017, the Cyberspace Administration of China (CAC) released an amended draft of the Measures for Security Assessment of Outbound Transmission of Personal Information and Important Data at a seminar attended by representatives from the international business community in Beijing.
About a week later, the National Information Security Standardization Technical Committee announced a draft of the Guidelines for Security Assessment of Outbound Data Transmission, which contain the relevant standards and guidelines referenced in the draft measures.
Key revisions
The main revisions contained in the amended draft are:
Local data residency requirement. China’s Cybersecurity Law (CSL) requires operators of Critical Information Infrastructure (CII) to store “personal information and other important data collected and generated during operations in China” (local data) within China. The original draft measures extended the local data residency requirement from CII operators to all network operators (broadly defined in the CSL to include owners and administrators of computer networks, as well as network service providers). However, the amended draft removes reference to the local data residency requirement, focusing entirely on security assessment of outbound data transmission. This amendment suggests that not all network operators (but only CII operators) will be required to store local data in China, which is in line with the CSL.
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Business Law Digest is compiled with the assistance of Baker McKenzie. Readers should not act on this information without seeking professional legal advice. You can contact Baker McKenzie by e-mailing Danian Zhang (Shanghai) at: danian.zhang@bakermckenzie.com
