AI-Supporting Provisions on Cross-Border Data Flow Announced
Summary
On March 22, 2024, the Cyberspace Administration of China published Provisions on Facilitating and Regulating Cross-border Data Flow, which took effect on the same day. The Provisions provides some exceptions to the requirements for security assessment, standard, contract for personal information, and personal information protection certification. These exceptions are expected to benefit AI development. According to the Provisions, data that have not been specified by relevant departments, or publicly notified as important data, are not subject to the cross-border security assessment. In addition, the Provisions also authorize a pilot of free trade zones able to formulate their own data lists, and cross-border transfers of data outside those lists will not be subject to the cross-border transfer requirements.
