Data transfers

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On April, 8 2025, the Department of Justice’s final rule, implementing the Biden-era Executive Order 14117 restricting the transfer of Americans’ Sensitive Personal Data and United States Government-Related Data to countries of concern (the “Final Rule“), came into force. The Final Rule imposes new requirements on US companies when transferring certain types…

Continue Reading US: Department of Justice issues final rule restricting the transfer of Sensitive Personal Data and United States Government-Related Data to “countries of concern”

On 3 January 2025, the Cyberspace Administration of China (“CAC“) released for public consultation the draft Measures for Certification of Personal Information Protection for Cross-Border Transfer of Personal Information (“Draft Measures“). This regulation represents the final piece in the CAC’s regulatory framework for the three routes to legitimize cross-border transfers of personal data…

Continue Reading CHINA: Draft Regulation on Certification for Cross-Border Data Transfers Published

While the definition of sensitive personal information in China has always been different to other jurisdictions, with a focus on risk of harm at its heart, new draft guidance should make it easier for organisations to map their processing of China sensitive personal information, which is increasingly important in light of new cross-border data transfer…

Continue Reading China: Important new guidance on defining sensitive personal information

Following the passing of the long-awaited Personal Data Protection Law (“PDPL”) in Indonesia, on 31 August 2023, the Ministry of Communications and Information Technology published the draft government regulation (“Draft Regulation”) on the implementation of the PDPL for public consultation. The public consultation will close on 14 September 2023. The Draft…

Continue Reading Indonesia: prepare now for the new Personal Data Protection Law

Helpful guidance on some previously uncertain areas of China data protection compliance programmes have been provided by the Administrative Measures for Personal Information Protection Compliance Audit (Draft for Comment) (“Draft Measures”), which were published for public consultation on 3 August 2023 by the Cyberspace Administration of China (“CAC”).

The Draft Measures…

Continue Reading CHINA: uncertainties helpfully clarified on various key data compliance activities

Authors: Carolyn Bigg and Amanda Ge

Businesses who must follow the China SCCs route to legitimize their cross-border transfers of personal data must file their signed China SCCs together with the supporting personal information impact assessment (“PIIA”) report with their local CAC branch by no later than 30 November 2023. This requires significant effort, and…

Continue Reading CHINA: only 100 days to file SCCs for cross-border data transfers –  practical tips and insights

Authors: Carolyn Bigg, Amanda Ge and Venus Cheung

On July 24, 2023, the People’s Bank of China (“PBOC”) released the Measures for the Management of Data Security in the Business Areas Falling into PBOC’s Jurisdiction (Draft for Comment) (“Draft Measures”) for public consultation, which closes on August 24, 2023.

The Draft…

Continue Reading CHINA: New draft proposes more stringent requirements for processing data in the financial services industry

Authors: Carolyn Bigg, Amanda Ge, Venus Cheung, and Gwyneth To.

Vietnam’s long-awaited, first-ever Personal Data Protection Decree (“PDPD”) has finally been passed and is scheduled to take effect from 1 July 2023 (save limited grace period exceptions).

The PDPD is the first comprehensive data protection regulation consolidating Vietnam’s existing data…

Continue Reading VIETNAM: First Personal Data Protection Decree passed – What you need to know

Authors: Andreas Rüdiger, Philipp Adelberg

 On 14 February 2023, the European Data Protection Board (“EDPB”) published the updated and final version of its Guidelines 05/2021 on the Interplay between the application of Article 3 and the provisions on international transfers as per Chapter V of the GDPR (EDPB Guidelines 05/2021).
Continue Reading EU: Final version of the EDPB-Guidelines 05/2021 on the Interplay between the application of Art. 3 and the provisions on international transfers as per Chapter V of the GDPR

Authors: Carolyn Bigg, Amanda Ge, Venus Cheung, and Gwyneth To

Summary: The final version of the China SCCs has now been published, meaning those organisations that haven’t had to apply for CAC approval for their cross-border transfers of personal information now have until 1 December 2023 to:

  • sign the China SCCs with

…
Continue Reading CHINA: Final China SCCs for CBDT published – What you need to know