On July 8, the Cyberspace Administration of China ("CAC") released the Measures for the Security Assessment of Outbound Data Transfers (the "Measures"), with effect from September 1, 2022.
The Measures specify the circumstances where application for security assessment is required, including outbound transfer of important data by a data processor, outbound transfer of personal information by a critical information infrastructure operator or a personal information processor who has processed the personal information of more than 1,000,000 persons, outbound transfer of personal information by a personal information processor who has made outbound transfers of the personal information of 100,000 persons cumulatively or the sensitive personal information of 10,000 persons cumulatively since 1 January of the previous year, and other circumstances. The Measures propose the basic requirements for security assessment of outbound data transfers. The Measures also require the data processor to conduct a self-assessment of the risks in the outbound data transfer before applying for the security assessment of an outbound data transfer, and identify the following matters. The data processor is required to have the data security protection responsibilities and obligations clearly stipulated in the legal document executed with the overseas recipient and to reapply for the security assessment where the security of outbound data transfer may be affected. In addition, the procedures for the security assessment and the supervisory system are specified.
(Source: Cyberspace Administration of China)
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