China’s standard contractual clauses: Restricted use and complex terms

Welcome clarification on overseas data transfers even if data-heaviest companies will be excluded. By Graham Greenleaf.

At the same time as President Xi Jinping stepped briefly into Hong Kong for his “victory lap” after dismantling the “One China, Two Systems” system that it agreed to over 25 years ago, the Cyberspace Administration of China (CAC) issued a consultation draft on 30 June 2022 of its Standard Contract for the Export of Personal Information (SCE), and Provisions governing their use.(1) The consultation finished on 29 July 2022.

China’s SCEs are their equivalent of the EU’s SCCs, but are very different in content and when they may be used. In this article, parts of the Provisions are referred to as articles, and parts of the standard contract are referred to as clauses. This article is a short introduction to the SCEs.

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