China Data Protection in the East African Community. Following consultation, a third and final draft version of the law is expected to be passed this year. The Result: Cybersecurity and personal information protection … These broad and seemingly overlapping policies have left key terms and processes undefined, in a way that can increase uncertainty and business costs to U.S. companies. Background Table of Contents. ChinaChina’s Cybersecurity Law Calls for Mandatory Breach ... The Personal Information Protection Law, along with the Data Security Law，mark two major regulations set to govern China's internet in the future. The Personal Data Protection Guidelines provide recommendations on the steps to be taken in such circumstances. China has passed a new law on personal data protection which will take into effect on 1 November. Data Security Law (the “DSL Draft”) was also released for public comments. We previously reported on this development here, … territory of the People's Republic of China. The long-expected and widely concerned Personal Information Protection Law of China (the “PIPL”) was adopted on 20 August 2021 by the Standing Committee of National People’s Congress. 1. What national laws regulate the collection and use of personal data? Click for PDF. The The Chinese government this week released a draft Data Security Law for public comment. Chapter IV: Data Security Protection Obligations. 4. China has issued a second version of the draft Personal Information Protection Law. China’s Cybersecurity Law indeed follows the enactment of the National Security Law, 39 which touches on personal data aspects where it allows the government to access information, and the Counterterrorism Law 40 which also contains provisions related to cybersecurity and data protection. Data Breach Notification 21 … 8. China passed its Personal Information Protection Law (PIPL) on 20 August 2021. 1 Data Security Law (the Data Security Law) on 10 June 2021, which will take effect from 1 September 2021. regulate the processing of personal information, and promote the reasonable use of personal information. Two years after the enactment of the Cybersecurity Law of China ("CSL"), various implementing regulations and standards continued to roll out throughout 2019. Information Protection Law for consultation. The EU General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR) took effect on May 25, 2018 and replaced the EU Directive and its member state implementing laws. Overview of Draft Personal Information Protection Law in China. In China, there is increasing official acknowledgment of the need to balance the national- rationale, certain traditional data-protection rights, such as the right to data portability, are now resurfacing in economic regulations like the 2020 Digital Markets Act proposal. On October 29, 2021, China’s cybersecurity regulator, the Cyberspace Administration of China (CAC), published draft guidelines outlining when and how data controllers must undergo a security assessment before transferring data out of China pursuant to the country’s recently-issued data … It is the first time that China has adopted a law which is specially designed to protect personal information. On 10 June 2021, the Data Security Law (the “DSL”) was passed in the Standing Committee of the National People’s Congress and will take effect on 1 Sep 2021. While a timeline on the law’s implementation is not confirmed, we discuss how businesses (based in China and those engaged in commercial interactions with people living in China) should prepare ahead to ensure data privacy compliance. In addition, Article 3(3) confirms the application of the GDPR to the processing where Member State law applies by virtue of public international law. Again, similar provisions appear in the draft Data Security Law and the Export Control Law, although it is unclear how the government plans to enforce such a provision. China has passed a personal data protection law, state media Xinhua reports (via Reuters).. This law was enacted by the Standing Committee of the National People's Congress on November 7, 2016, and was implemented on June 1, 2017. China has pushed through a new personal data protection law that details regulations around collection, use, and storage. This article discusses the key features of China passes the Personal Information Protection Law. The State is to protect the rights and interests of individuals and organizations with regards to … By Anna Gamvros (HK) and Lianying Wang (CN) on August 20, 2021 Posted in Compliance and risk management, Cybersecurity. The hub of European privacy policy debate, thought leadership and strategic thinking with data protection professionals. India is doing better than China for data protection and privacy, but lags behind Australia. Data Protection Law. Data Protection Law deals with the security of the electronic transmission of personal data. As of yet, the United States does not have any centralized, formal legislation at the federal level regarding this issue, but does insure the privacy and protection of data through the United States Privacy Act,... The Cyber Security Law of the People's Republic of China, commonly referred to as the China Internet Security Law, was enacted to increase cybersecurity and national security, safeguard cyberspace sovereignty and public interest, protect the legitimate rights and interests of citizens, legal persons and other organizations and promote healthy ... IV. China’s New Data Security Law: What to Know . China's data protection regime is in a period of change and there has been significant progress in the field of data protection legislation in recent years. Protection Law (PIPL) 1 Background of Draft PIPL As data privacy is getting prioritized worldwide, many countries have started to frame relevant laws and regulations in recent years on personal information protection. As a “fundamental law” in the field of data security and an “important law” in the field of national security in China, the Data Security Law positively responds to the key issues of data competition and protection around the world, and provides guidance to enterprises for data compliance and even data assetization management and development. This research identifies and decrypts specificities of data protection in China that make China’s voice special with the potential to gain influence in this field, whereas Western rules are … As part of the ever-expanding data and cybersecurity regulatory regime in China – with the 2017 Cybersecurity Law of the People's Republic of China (CSL) as a key legal basis – the Chinese government has updated its pre-existing requirement that individual 'network operators' in China must implement and maintain an MLPS with respect to … develop uniform standard of data protection law across the region. Notwithstanding the issues of democracy and the rule of law, data protection provisions may be found in its Crimi-nal and Civil law as well as in a number of instruments released by China’s second- Robert Achieng, Senior Communications Engineer, EAC Secretariat. While some laws do not appear to be primarily focused on data protection and cybersecurity, they may have indirect impacts on data processing activities in specific sectors or under specific scenarios. Cyber Security Law of the People’s Republic of China In addition, China began to develop a parallel system to protect “important data,” by issuing a draft Data Security Law in June 2020. Introduction On October 21, 2020, the website of the National People's Congress (www.npc.gov.cn) published the full text of the Personal Information Protection Law of the People 's Republic of China (Draft) (hereinafter referred to as “draft PIPL") and solicited public opinions. Personal information handlers shall bear responsibility for their personal information handling … PIPL is the new data privacy law in China, targeted at personal information protectionand addressing the problems Data Security Law of the People’s Republic of China. 43). Chapter II: Data Security and Development. Managing External Flows of Data 23 … 9. The Situation: Since China's Cybersecurity Law (the "Cybersecurity Law") went into effect on June 1, 2017, China has ushered in new laws and regulations that set out stricter requirements in every respect, including various national standards requiring localization of cloud infrastructure in China. Notably, Hong Kong remains governed by its own set of data privacy laws. Cybersecurity is recognized as a basic law. On August 20, 2021, the Standing Committee of China’s National People’s Congress passed the Personal Information Protection Law (“PIPL”), which will take effect on November 1, 2021. Cybersecurity Review Measures2; ECOWAS Supplementary Act A/SA.1/01/10 on Personal Data Protection. Short title, extentand commencement.— (1) This Act may be called the Personal Data Protection Act, 2018. Only China, Hong Kong, Indonesia, Japan, Korea, Malaysia, Philippines, Singapore and Vietnam are … On 25 May 2018, the General Data Protection Regulation (Regulation (EU 2016/679) ('GDPR') entered into force for all European November 2020 . 78-17 on Information Technology, Data Files and Civil Liberties dated 6 January 1978, as amended by Act No. View our open calls and submission instructions. Speak at an IAPP Event. Two new Chinese laws dealing with data security and privacy came into force in the fall of 2021 that are likely to have an impact on many multinational companies operating in China or whose operations touch China. and Data Protection Measures Introduction The Cyberspace Administration of China (“CAC”)1 recently released a series of draft measures and regulations pertaining to cybersecurity and data protection in China for public comments in quick succession. China releases draft Personal Informatio n. Protection Law for public comment; and (b) the second draft of data protection laws: China releases second draft of data protection laws for public comment. Once promulgated, this law is going to be the first comprehensive set of PRC laws on personal data protection. This law will include many of the same requirements as well, such as breach notification reporting, appointment of a data protection officer, extensive data owner rights including the right to erasure, and others. Through a common interpretation by data protection authorities in the EU, these guidelines seek to 3 There is not a single comprehensive data protection law in the People's Republic of China (PRC), although one has now been proposed (see below). The legal assessment requires taking into consideration the newly adopted EU legal framework, and notably the new General Data Protection Regulation (hereinafter the "GDPR"), which became applicable on 25 May 2018, introducing a raft of changes to the existing data protection regime in the EU. Instead, rules relating to personal information protection and data security are part of a complex framework and are found across various laws and regulations. China does not have a general data protection act but traces of data protection may be found in a multitude of sector-specific legal instruments. Big Data deluge is relevant to them (Smith, 2012) [17]. business in China. 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