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China Proposes Easing of Cross-Border Data Controls

By Gabriela Kennedy & Joshua T.K. Woo on October 11, 2023
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On the eve of the “Golden Week” in China, the Cyberspace Administration of China (CAC) published the draft Provisions on Regulating and Promoting Cross-Border Data Transfers (the “Draft Provisions”) on 28 September 2023.1

The Draft Provisions provide a welcome rollback of some of the onerous cross-border data transfer regime, first introduced by the Personal Information Protection Law (PIPL) in November 2021,2 and seem to address some of the concerns raised by many companies operating in the People’s Republic of China (PRC) that compliance with the cross-border data transfer requirements was very difficult to achieve.

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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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