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On October 29, 2021, the Cyberspace Administration of China (“CAC”) released the much-awaited “Draft Measures on Security Assessment of Cross-border Data Transfer" (“Draft Measures”) for public comments through November 28, 2021. The Draft Measures are intended to provide guidance and clarifications for implementing the legal requirements for cross-border data transfer as laid down in the Cybersecurity Law (“CSL”), the Data Security Law (“DSL”) and the Personal Information Protection Law (“PIPL”), specifying circumstances where a security assessment is required, the security assessment process, key considerations for a security assessment, etc. Cross-border data transfer compliance has become increasingly challenging for companies and clients should take seriously of those requirements under these measures.
This article summarises the key points of the Draft Measures as well as providing takeaways and compliance suggestions.