China’s new Standard Contract for international transfers

Yan Luo, Xuezi Dan, and Vicky Liu of Covington & Burling LLP explain what is required of an Overseas Recipient when the Measures take effect on 1 June.

On 24 February 2023, the Cyberspace Administration of China (CAC) released the final version of the Measures on the Standard Contract for the Cross-border Transfer of Personal Information (Measures), including a template contract (Standard Contract) accompanying the Measures. The Measures will take effect on 1 June 2023, but are subject to a six-month grace period to allow companies time to bring their activities into compliance.

Under the Measures, if an in-country personal information processing entity (equivalent to the concept of a “data controller” under the EU’s General Data Protection Regulation) needs to adopt the Standard Contract as its lawful transfer mechanism, namely as a “data exporter,” this entity is required to submit a filing to the provincial branch of CAC. This filing includes:

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