Shanghai Lingang Issues Negative List and Management Measures for Data Outbound Governance

On February 8, 2025, the Shanghai Lingang Administrative Committee published the Notice on Issuing the Management Measures and Negative List for Data Outbound of the Pilot Free Trade Zone (2024 Edition) (the “Notice”) on its website, with immediate effect.

The Management Measures and the Negative List focus on the construction of Shanghai’s “Five Centers” and three leading industries. The Management Measures are divided into six chapters and 21 articles, including General Provisions, Working Mechanism and Responsibilities, Implementation and Management of the Negative List, Measures to Promote Data Outbound, Supervision and Management, and Supplementary Provisions. They primarily concentrate on the formulation process of the negative list, division of responsibilities, scope of application, and safety supervision, serving as the basic norms for formulating the negative list and carrying out daily supervision.

The Negative List takes into account the requirements of industry regulatory authorities, data classification and grading rules, data sensitivity, and other factors. The first batch covers three key areas: finance (reinsurance), shipping (international shipping), and commerce (retail and catering, accommodation), including two types of data: important data and personal information. It involves six specific scenarios and 84 data items.