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Data export controls in China: implications for digital business

The Cyberspace Administration of China (‘CAC’) issued the draft Measures for the Security Assessment of Export of Personal Information and Critical Data (‘Draft’) on 11 April 2017. Set to enter force in June 2017, the Draft expands upon the new PRC Cyber Security Law (‘CS Law’), which came into effect on 1 June of this year, and was anticipated to provide further clarity on Article 37 of the CS Law, which imposes a local storage obligation on the operators of critical information infrastructure. However, as Dr Michael Tan of Taylor Wessing discusses, the Draft goes beyond the CS Law in regard to regulating the export of data outside of China, and as such has significant implications for online businesses.

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