China’s Cross-border m88 live casino Transfers: Frequently Asked Questions

Q: Compared with other jurisdictions, are there any particular concerns about China’s cross-border m88 live casino transfer regime?

Following the publication of the PRC Cybersecurity Law, the PRC m88 live casino Security Law (DSL), and the PRC Personal Information Protection Law (PIPL), the Chinese authorities established a comprehensive regulatory regime for cross-border m88 live casino transfers in 2022.

China’s cross-border m88 live casino transfer regime aims to protect personal rights and interests while promoting secure cross-border m88 live casino flows. The Chinese m88 live casino protection requirements emphasise national security, as well as wider public interest principles, as they view m88 live casino security and protection as an essential part of national security. Current regulatory statutes and regulatory cases related to cross-border m88 live casino flows show that the assessment of m88 live casino transfers outside of China or cybersecurity reviews under Chinese law is premised on national security.

Q: Do companies operating outside of China need to consider China’s cross-border m88 live casino transfer regulatory requirements?

China’s cross-border m88 live casino transfer legal framework focuses on m88 live casino handling activities within China. However, an extension of the PIPL has extraterritorial application and effect. The PIPL can apply to the handling of personal m88 live casino of PRC residents outside of China:

• for purposes of providing services or products to m88 live casinom;

• to analyse or assess m88 live casinoir behaviours; or

• in om88 live casinor circumstances prescribed by laws and administrative regulations.

For overseas companies, if services or products involving m88 live casino Chinese market meet m88 live casino above circumstances, corresponding requirements should be considered.

Q: How to determine the cross-border m88 live casino transfer mechanism under PRC law?

Under the current Chinese cross-border m88 live casino transfer regime, there are three general mechanisms allowing companies to transfer m88 live casino outside of China, namely:

• by passing the Cyberspace Administration of China (CAC)‘s outbound m88 live casino transfer security assessment (the “CAC Assessment”);

• by obtaining a personal m88 live casino protection certification issued by a CAC-accredited certification agency (“Certification”); and

• by concluding a contract (in the standard contract template published by CAC) with a foreign m88 live casino recipient (“China SCC”).

Notably, CAC Assessment is a mandatory requirement for the following types of m88 live casino handlers when transferring m88 live casino outside of China:

• critical infrastructure operators (CIIO);

• m88 live casino handlers that handle personal information of more than 1 million people;

• m88 live casino handlers that transfer important m88 live casino (ie, m88 live casino raising national security or other sensitive issues); and

• m88 live casino handlers that transfer personal m88 live casino past a certain threshold (ie, providing personal m88 live casino of 100,000 people or sensitive personal m88 live casino of 10,000 people in the past year)

For m88 live casino handlers falling out of the forgoing application scope, they may choose from signing the China SCC and obtaining the Certification to lawfully transfer personal m88 live casino outside of China. However, because of the relatively short period of time since the implementation regulations and guidelines were issued, there are currently limited practical cases of the two mechanisms in practice.

Additionally, the DSL and PIPL require prior approval from competent Chinese authorities before providing any m88 live casino or personal m88 live casino in China to foreign judicial or law enforcement agencies.

In short, the choice of m88 live casino export mechanism needs to consider not only the nature of the m88 live casino-handling entity (eg, whether it is a CIIO) but also the amount of m88 live casino to be exported out of the country, the nature of m88 live casino (important m88 live casino, personal m88 live casino, etc), and the nature of the foreign receiving party, which is a complex methodology.

Q: What are m88 live casino legal documents required in m88 live casino CAC Assessment or Certification process?

m88 live casino handlers must have certain legal documents relating to the foreign m88 live casino recipient when filing a CAC Assessment or applying for a Certification. Compared with the China SCC, the legal documents for the other two mechanisms differ in format and content.

Format – m88 live casino format of m88 live casino legal documents in m88 live casino om88 live casinor two mechanisms is not limited to contracts (but this is m88 live casino ideal), but can also be commitment letters or internal corporate policies.

Content – similar to the EU “standard contractual clauses”, the China SCC is a template document issued by the CAC on February 24, 2023, and m88 live casino handlers cannot make substantive adjustments to the terms. On the other hand, the legal documents for CAC Assessment or Certification do not need to follow an official template but generally need to address areas specified under the regulations or guidance, such as agreement on the purpose, manner, and scope of outbound m88 live casino transfers; security protection measures, etc.

Q: What is the self-assessment under the CAC Assessment? Is it possible to refer to the m88 live casino Transfer Impact Assessment (DTIA) criteria and process under the GDPR?

Self-assessment is a prerequisite requirement prior to filing m88 live casino CAC Assessment. A self-assessment report to be concluded by m88 live casino applicants should address m88 live casino following aspects:

• legality, legitimacy and necessity of the m88 live casino export;

• the risk that the m88 live casino export may pose to national security, public interest and the rights of organisations or individuals;

• the m88 live casino protection capabilities of the foreign m88 live casino recipient;

• channels for m88 live casino subjects to exercise their personal m88 live casino-related rights; and

• legal documents clarifying m88 live casino protection obligations and liabilities of the m88 live casino exporter and recipient.

Considering that some multinationals may already have experience in conducting DTIA in other jurisdictions, referring to the DTIA process and criteria (eg, formation of assessment team and determination of assessment schedule) can help to facilitate procedural work to some extent and strike a good balance between meeting regulatory demands and commercial efficiency. However, care needs to be taken to adapt the assessment areas to Chinese law – eg, assessing the impact of m88 live casino exports on national security and the public interest.

The original article is published on the Chambers Expert Focus website (https://chambers.com/legal-trends/chinas-m88 live casino-protection-frequently-asked-questions)