Q&A on Export of Personal Information under the Standard Contract

This Q&A deals with some of the more common questions raised by small-scale data exporters based in China, including many foreign-invested companies in the B2B segment, on the steps that they need to take to remain compliant with PRC laws.
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Personal Information Export: China Releases New Guidance

On Tuesday, 30 May 2023, the Cyberspace Administration of China (CAC) released the "Guide to the Filing of the Standard Contract for Outbound Transfer of Personal Information (First Edition)" ("Filing Guide"), providing detailed guidance on how exporters of personal information should file Standard Contracts (SCs) with the CAC.
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Good for Easy Business: China Accedes Apostille Convention

21 March 2023
By Fabian Knopf On 8 March 2023, China finally acceded the Hague Convention of 5 October 1961 Abolishing the Requirement of legalization for Foreign Public Documents (Apostille Convention). It will go into effect on 7 November 2023. This event should have a huge and positive impact for international businesses operating in China. Currently, the legalization […]
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Deadline for Security Assessment of Outbound Data Transfer

A key deadline is approaching; have you obtained approval from the Chinese government for cross-border transfer of personal data?
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New Rules for Small-Scale Exporters of Personal Information

The key takeaway is now clear: sign SCC’s with overseas recipients, complete a self-assessment, and file them with the CAC.
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China Relaxes Use of Superlative Adjectives in Advertising

20 December 2022
China’s strict rules for advertising are often a challenge for Western brands that are trying to distinguish themselves in the market. One of the key issues is the use of absolute wording or superlative adjectives such as “national level”, “the highest level” and “best”, which is generally prohibited in China and can subject brands to heavy penalties under the PRC Advertisement Law (2021). Some articles that R&P previously published on legal compliance in advertisement:
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China Data Compliance through Personal Data Protection Impact Assessment

16 November 2022
China is determined to protect personal information and has passed several laws to achieve this goal. Regulatory agencies are taking a closer look at the treatment of personal data and enforcement of the relevant laws should be taken into considering for regular business activities. As the authorities tighten up regulation and supervision, businesses need to take measures to meet the higher demands on personal data compliance. 
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New Implementing Regulations for Data Exports in China: What Do They Mean for My Company?

China has recently issued new implementing regulations for its trinity of data protection laws - the 2017 Cybersecurity Law (“CSL”), the 2021 Data Security Law (“DSL”) and particularly the 2021 Personal Information Protection Law (“PIPL”). We were overdue for some clarifications from the Cybersecurity Administration of China (“CAC”) as the DSL and PIPL already came out last year.
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Setting up Foreign-invested Companies (WFOE’s) in China: Key Topics

13 June 2022
Incorporating a Chinese subsidiary (often referred to as a wholly foreign-owned enterprise, WFOE) is the most common way for a foreign company to establish a presence on the Chinese mainland. A WFOE is a separate legal entity that can enter into its own contracts and have its own employees, and is the equivalent to limited liability company such as a B.V. in the Netherlands or a GmbH in Germany.
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China Lowers Prosecution Standards for Commercial Crimes

26 May 2022
Effective 15 May 2022, new provisions set lower thresholds for criminal cases to be filed for commercial bribery, such as offering or accepting bribes not involving officials, embezzlement and misappropriation of funds. One of several recent initiatives to strengthen China’s approach to dealing with commercial crimes, the new rules will make it easier and more likely for the criminal authorities to prosecute individuals and entities that engage in these crimes. This could also trigger businesses in China to review their internal compliance policies, to ensure that these align with the new thresholds.
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