Cross-Border Data Transfer – New Measures Clarify Security Review Requirements | Dezan Shira & Associates

China has released measures detailing requirements for security reviews for cross-border data transfer. Foreign companies and large multinationals have been eagerly awaiting such measures ever since China issued legislation requiring companies that want to export certain types of data to undergo a security assessment by the cybersecurity authorities. The measures offer clarity on the governmental body responsible for overseeing security assessments and what procedures companies must undergo to get clearance to transfer data overseas. 

The new assessment measures are based on China’s three overarching data security laws, the CSL, Data Security Law (DSL), and the Personal Information Protection Law (PIPL), the latter of which came into effect on November 1, 2021. According to the document, the security assessment measures will aim to “standardize the export of data from China” and “protect personal information, safeguard national security, and public interest”.  

The security assessment measures will go into effect on September 1, 2022. If a company has previously engaged in data export activities that do not comply with the provisions in these measures, it will be required to make the requisite changes to be compliant within six months of this date.

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