Exploring the Final Version of China's Standard Contract for Overseas Transfer of Personal Information

March 03, 2023 | BY

Susan Mok

Casper Sek of Jingtian & Gongcheng examines China's long-awaited finalized standard contract provisions, and provides valuable guidance on how to prepare for the changes this will bring

Summary

  • The Measures on Standard Contract for Overseas Transfer of Personal Information have now been issued in their final form
  • The Measures govern the terms of the standard form contract which can be put in place when transferring personal information data out of China
  • Companies using the standard contract may face some issues, including pushback from overseas recipients who may be reluctant or cautious about accepting the jurisdiction of the Chinese authorities 
  • There are also potential conflicts of laws issues
  • Guidance is expected in due course, and it is hoped that this will help clarify certain grey areas and allow companies to use the standard contract with greater confidence 

 

This premium content is reserved for
China Law & Practice Subscribers.

  • A database of over 3,000 essential documents including key PRC legislation translated into English
  • A choice of newsletters to alert you to changes affecting your business including sector specific updates
  • Premium access to the mobile optimized site for timely analysis that guides you through China's ever-changing business environment
For enterprise-wide or corporate enquiries, please contact our experienced Sales Professionals at +44 (0)203 868 7546 or [email protected]