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Dawning of a New Era: China’s Personal Information Protection Law

By Gabriela Kennedy on September 1, 2021
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On 20 August 2021, China’s much anticipated Personal Information Protection Law (PIPL) was passed. The new law will come into force on 1 November 2021. The PIPL, Cybersecurity Law and the new Data Security Law (which came into force on 1 September 2021) now form the main legal framework governing data security and the handling of both personal and non-personal data in China. The PIPL has often been compared with the EU General Data Protection Regulation (GDPR) and while this statement is largely true there are many points of difference between the two regimes. For example, the cross border transfer restrictions and extra-territorial application of the PIPL are broader than the equivalent provisions in the GDPR. We discuss this, as well as some of the key aspects of the PIPL, in this Legal Update.

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Photo of Gabriela Kennedy Gabriela Kennedy

Gabriela Kennedy is a partner of Mayer Brown and head of the Asia IP and TMT group. She is also co-leader of Mayer Brown’s global Intellectual Property practice and a member of the firm’s global Cybersecurity & Data Privacy and Technology & IP…

Gabriela Kennedy is a partner of Mayer Brown and head of the Asia IP and TMT group. She is also co-leader of Mayer Brown’s global Intellectual Property practice and a member of the firm’s global Cybersecurity & Data Privacy and Technology & IP Transactions practices. She is based in Hong Kong, practising intellectual property, media, information technology and telecommunications law. She handles the full spectrum of intellectual property work from litigation to licensing, strategic advice and portfolio management. Gabriela advises extensively on technology and data protection issues in Hong Kong and throughout Asia, particularly in relation to business processing outsourcing, the cross-border transfer of data, data compliance, data breaches and cybersecurity issues. She has handled a number of data breach complaints filed with the Privacy Commissioner in Hong Kong and has conducted in-depth data audits and drafted/devised privacy manuals and procedures for the Asia operations of a number of multi-national companies. On the information technology side, Gabriela’s particular expertise includes advising on complex IT transactions and projects, IT outsourcing, cloud-computing, mobile payments, smart card projects, the regulation of encryption technology, software licensing, and disputes stemming from failed IT projects. She has been involved with a number of international organisations in discussions involving standard setting for the cross-border transfer of data and the formulation of strategies to deal with cyber-security.

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  • Posted in:
    Privacy and Cybersecurity
  • Blog:
    Inside Cybersecurity & Privacy Law
  • Organization:
    Mayer Brown

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