On 22 February 2023, the Cyberspace Administration of China(”CAC”) issued the Measures for Standard Contract for the Export of Personal Information (“Measures”), which took effect on 1 June 2023. On the eve of the implementation of the Measures, the CAC issued the Guidelines for the Filing of Standard Contract for the Export of Personal Information (First Edition) (“Guidelines”)on 30 May 2023, providing detailed guidance and advice for carrying out the filing under the Measures. The full text of the Guidelines is translated as attached.
Dentons summarise the key points of the filing requirements in the Guidelines to assist enterprises intending to export personal information by entering into a standard contract for the export of personal information (“standard Contract”) to quickly understand the new requirements of the CAC and effectively carry out the signing and filing of the Standard Contract.
Considering that the Standard Contract will be the first choice of most enterprises with personal information export needs, in order to ensure the continuity and compliance of personal information export, Dentons suggest that enterprises develop and implement a plan for filing the Standard Contract as soon as possible, including but not limited to performing data mapping conducting internal rectification, PIPIA, and signing Standard Contract. In this way, they may successfully submit the filing materials within the six-month period stipulated in the Measures (i.e., by 30 November 2023)