Busting the Myth: Compliance with the ‘Gold Standard’ of the GDPR Does Not Buy You a ‘Free Pass’ Under China’s New Personal Information Guidelines
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Real-name registration requirement imposed for civilian-use drones in China
Following serious incidents of civilian drones entering the airspace of Chinese airports and causing flight delays last April, China’s civil aviation authority has issued the Real-name Registration of Civil Unmanned Aircraft Administrative Provisions, with effect from May 16, 2017, in an effort to increase accountability for drone use by requiring owners and manufacturers of civilian-use unmanned aircraft systems to complete “real-name” registration procedures.…
China’s Revised Draft Data Localisation Measures
On 19 May 2017, the Cyberspace Administration of China (the CAC) released a revised draft of its Security Assessment for Personal Information and Important Data Transmitted Outside of the People’s Republic of China Measures (the Second Draft Export Review Measures).
The draft emerged just over a week after public comments closed on the first draft of the measures, which we discussed in our earlier briefing here (the First Draft Export Review Measures). There was a…
China’s revised draft data localisation measures
On 19 May 2017, the Cyberspace Administration of China (the “CAC“) released a revised draft of its Security Assessment for Personal Information and Important Data Transmitted Outside of the People’s Republic of China Measures (the “Second Draft Export Review Measures“).
The draft emerged just over a week after public comments closed on the first draft of the measures, which we discussed in our earlier briefing here (the “First Draft Export Review Measures“). There was a…
Now playing: New film law impacts the Chinese silver screen
On November 7, 2016, the People’s Republic of China’s highest legislative body, the Standing Committee of the National People’s Congress, passed the Film Industry Promotion Law (Film Law). The Film Law takes effect on March 1, 2017.
The Film Law is the first comprehensive “law” in China targeting the film industry specifically and is more than 13 years in the making. A “law” in China is a specific term for legislation passed at the national…
CAC issued draft regulations: Cyberspace protection of minors is on agenda
On September 30, 2016, the Cyberspace Administration of China (the “CAC“) issued the draft for comments of the Regulations on Cyberspace Protection of Minors (the “Draft“). A “Minor” is not defined in the Draft, but defined under the Minor Protection Law as any citizen under the age of 18. The term “citizen” is likely to be interpreted as a citizen of China. However, in the Guidelines for Personal Information Protection within Information Systems for Public…
China to grow big on e-healthcare data
On June 21, 2016, the State Council issued the Guiding Opinions on Promoting and Regulating the Development of the Application of Healthcare Big Data (“Guiding Opinions“). The Guiding Opinions declare that healthcare big data is a fundamental, strategic national resource; recognize that its development will have a significant impact on healthcare and medical treatment; and formulate programmatic plans for development goals, key tasks, and an organizational framework. Given the Guiding Opinions’ embrace of digitization, the use…
China’s second draft of the Cyber Security Law continues to propose more stringent regulation of cyberspace
On 6 July 2016, a second draft of the People’s Republic of China Cyber Security Law was released to the public for comment following its second reading by the Standing Committee of the National People’s Congress. The deadline for submitting comments on the second draft is 4 August 2016.
Given the growing cyber threat globally, the Chinese move towards more rigorous cyber security regulation is in line with international trends. However, the specific approach to…
Are foreigners banned from publishing on the Internet in China? An examination of what exactly China’s new online publishing rules are ruling out
China’s media and publishing regulator, the State Administration of Press, Publication, Radio, Film and Television (“SAPPRFT“), and its telecoms and Internet regulator, the Ministry of Industry and Information Technology (“MIIT“), have jointly issued new rules governing online publications in the People’s Republic of China (“China” or the “PRC“): the Online Publication Services Administrative Provisions (网络出版服务管理规定) (the “Online Publication Provisions“). The Online Publication Provisions were issued on 4 February 2016 and came into effect from 10…
China Launches First Operational Rules for Civil Unmanned Aircraft
China’s civil flight authority, the Civil Aviation Administration of China (CAAC), has issued new rules applicable to civil unmanned aircraft, commonly known as drones or UAS, weighing no more than 116 kg. The new rules are styled as the Provisions for the Operation of Light and Small Unmanned Aircraft (for Trial Implementation) (the UAS Operation Rules) and became effective on 29 December 2015, the date they were issued.
The UAS Operation Rules add to a…
