China Introduces a Standard Contract for Cross-Border Transfer of Personal Information

July 08, 2022 | BY

Susan Mok

Casper Sek, partner at Jingtian & Gongcheng, takes a close look at China's new standard contract for overseas transfer of personal information and the regulations which accompany it, and compares it with the EU equivalent

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Summary 

  • Entering into a standard contract with overseas recipients is one way to transfer personal information out of China
  • Until now, there has been no template standard contract or detailed guidance on such standard contract
  • Newly issued regulations clarify the scope of the standard contract, the extent to which the text of the standard contract must be adopted, the need for a prior personal information protection impact assessment to be conducted, and filing requirements
  • The standard contract is relatively short but contains a number of key clauses which should be carefully examined, including obligations imposed on the overseas recipient and rules on governing law and jurisdiction