Cyber Security Practitioner
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Volume: 3 Issue: 5
(May 2017)

draft security assessment measures data exports issued china prc cyber security law set force 1 june 2017 includes controversial


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Draft security assessment measures for data exports issued in China

The PRC Cyber Security Law, set to come into force on 1 June 2017, includes a controversial requirement that all personal data and other important business data which operators of critical information infrastructure collect in China be stored in China and that if export of such data is necessary for business reasons, a security assessment procedure must be passed (the ‘Security Assessment Requirement’). To provide further details on the requirement, the Cyberspace Administration of China (‘CAC’) issued on 11 April 2017 draft ‘Measures on Security Assessment For Export of Personal Information and Important Data’ (the ‘Data Export Measures’) for public consultation. These Data Export Measures, if adopted in their current form, will have a significant impact on multinational companies which store and process personal and important business data on a global basis. Xun Yang, Of Counsel at Simmons & Simmons, provides a breakdown of the Security Assessment Requirement and the concerns surrounding the Data Export Measures.

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