Landmark Court Ruling Adds Clarity to China's Personal Data Export Regime

September 20, 2024 | BY

Susan Mok

Casper Sek and Alan Zhang of Jingtian & Gongcheng analyze the first court judgment on cross-border data transfer, which answers practical questions relating to the operation of the Personal Information Protection Law in the context of a hotel booking app, and prompts companies to review their privacy policies

Summary

  • A recent provincial-level court ruling provides important clarity on a number of key points on the operation of the Personal Information Protection Law
  • The ruling is a good example of the extraterritoriality of certain provisions of the PIPL
  • The case clarifies where pre-litigation requirements apply and when checking a box in an app can amount to giving legally valid consent, and when and to what extent a data handler could argue necessity as a basis for processing
  • The Court also proposed a helpful analytical framework for personal information handlers relying on "contract necessity" as a legal basis for data processing

 

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