Data protection has been one of the top priorities for lawmakers and regulators in China in recent years, as concerns over the commercial collection and processing of personal information have increased alongside the explosion of the country’s internet economy. Barbara Li analyzes the extraterritorial reach of the new draft PRC Law on the Protection of Personal Information (中华人民共和国个人信息保护法), its provisions on cross-border data transfer, why the law is good news for GDPR compliant international companies, and more.
Barbara Li is Head of Corporate at Rui Bai Law Firm in Beijing, where she spearheads the TMT and FinTech practices.
The China Law Podcast is a weekly podcast exploring China’s business and financial sectors from a legal perspective hosted by Vincent Chow. Get in touch at firstname.lastname@example.org with any feedback and ideas for future episodes.
01:07 Legislative context of the new law
03:11 Extraterritorial reach and uncertainty over enforcement
09:22 Alignment with GDPR in definition of consent
12:55 New avenues for cross-border data transfer
18:33 Massive increase in penalty provisions
20:05 Compliance advice for international companies
23:45 Preparing Chinese companies to go global
PRC Law on the Protection of Personal Information (Draft)
Strengthening the Protection of Personal Information in China – National Standard Overhaul
China Targets Data Collectors With New GDPR-Aligned National Standards