CAC Issues Guidelines on Filing Data Export Standard Contracts

On 30 May 2023, the Cyberspace Administration of China (CAC) issued the Guidelines on the Record-filing of Standard Contracts for the Export of Personal Information (First Edition).

The guidelines assist qualified enterprises to complete the record-filing procedure for the standard contract, one of the mechanisms for lawfully transferring personal information (PI) out of China, under the Measures on the Standard Contract for Exports of Personal Information, which took effect 1 June 2023.

In the May edition of GC Agenda China (subscription required), Morrison Foerster partner Paul McKenzie commented on the Guidelines that, “Once again, on the eve of new measures taking effect, CAC has slipped in with guidance on its administrative requirements associated with a PIPL-related filing regime. This guidance is much needed in regard to the use of the standard data export contract, since regulations for use of the standard contract, issued in February, are drafted at a high level. Helpfully, the guidelines provide granular information on CAC's documentary requirements. Notably, the guidelines include language that emphasizes CAC’s power to reject filings. This might suggest that this filing process will involve substantive review by CAC and operate to some extent like an approval process. It remains to be seen how detailed CAC’s review of filing applications will be.”