China Updates Two Sets of Guidelines Related to Outbound Transfer of Data and Personal Information

On March 22, 2024, the Cyberspace Administration of China (CAC) released the Guidelines for Applying for Security Assessment for Outbound Transfer of Data (Second Edition) and the Guidelines for the Filing of Standard Contracts for Outbound Transfer of Personal Information (Second Edition), which detail the method, process and required materials for security assessment application for outbound transfer of data and the filing of standard contracts for outbound transfer of personal information, and streamline the documentation required from data processors.

The two Guidelines have incorporated some provisions of the Rules to Promote and Regulate Cross-border Data Flow, adjusted the definition of outbound transfer of data, and refined the application method and process. The filing of a standard contract for outbound transfer of personal information should be made via the application system for outbound transfer of data, according to the documents, which also improves the provisions with respect to the CAC’s obligation of informing applicants.