Further to the Provisions on Promoting and Regulating Cross-border Data Transmission promulgated by the Cyberspace Administration of China on March 22, 2024 (the CBDT Provisions) which substantially reduce the procedural burden associated with transmitting data out of China, Beijing authorities recently issued the Administrative Measures for the Negative List for Data Export from China (Beijing) Pilot Free Trade Zone (for trial implementation) including a detailed negative list (the Beijing Negative List) on August 30, 2024. The Beijing Negative List aims to further liberalize the transmission of data out of the Beijing pilot free trade zone (FTZ) and provide more clarity on the identification of important data. On top of benefiting existing companies in the Beijing FTZ, the business-friendly tone of the Beijing Negative List seems to be a good reason for companies to revisit their current data export set-up and make the best use of the benefits offered under these new rules. Are these rules indeed creating a substantial difference and a game changer?

Dr. Michael Tan and Julian Sun, from Taylor Wessing, take a deep dive into the new measures and FTZ, comparing them with other FTZs in China.

The rapid development of artificial intelligence (AI) in China has made it an important player on the global stage. In response to society's concerns over potential issues that could arise from this new technology, China has rolled out several sets of rules regarding the use of AI which will have an impact on companies that intend to integrate AI into their daily operations in the Chinese market. The Interim Measures for the Administration of Generative Artificial Intelligence Services (AI Measures), released on July 10, 2023, have become a hot topic of conversation. While they represent a significant milestone in China's efforts to regulate AI, they may only have a limited impact on the companies using AI technologies.  

There is now another set of rules, but the title does not refer to the term AI so could be easily overlooked: the Technology Ethics Review Measures (Trial), promulgated by the Ministry of Science and Technology (MOST) together with several other ministries and institutions on September 7, 2023, which entered into effect on December 1, 2023 (Review Measures). After comparing with the earlier AI Measures, the Review Measures appear to be more relevant to international companies that plan to apply AI technologies in the course of their business in China and will be subject to some statutory obligations, including actionable measures. Dr. Michael Tan and Julian Sun, from Taylor Wessing, analyze these measures, exploring their relevance and practical implications for organizations.  

On 24 February 2023, the Cyberspace Administration of China ('CAC') promulgated the finalised Standard Contract Measures for Exporting Personal Information¹ ('the Measures'), along with the Personal Information Export Standard Contract ('the Standard Contract'). The Measures will take effect on 1 June 2023. Most companies which transfer personal information out of China will need to adopt responsive measures in order to comply.

In this Insight article, Richard Qiang, Partner at DaHui Lawyers, provides a summary of the key takeaways from the Measures and the Standard Contract.