The Cyberspace Administration of China ("CAC") recently published the first edition of the Guide to Applications for Security Assessment of Outbound Data Transfers ("Guide"). It provides practical guidance to the implementation of the Measures for Security Assessment of Outbound Data Transfers ("Measures").
As to which outbound data transfers will trigger the security assessment, please refer to our previous newsletter on the Measures: https://www.cms-china.info/insight/2022_China/07_NL_Outbound/Newsletter_outbound-data-transfer.html
The Guide reiterates the timeline and procedures for applications for security assessment of outbound data transfers under the Measures. Notably, the Guide clarifies that the application shall be submitted with written documents and electronic copies to the local provincial cyberspace department. In addition, the Guide specifies the required documents for security assessment as follows and provides templates for the required documents.
| No. | Documents | Requirements | Comments |
| 1 | Unified social credit code certificate | Photocopy with official seal | / |
| 2 | Legal representative's identity certificate | Photocopy with official seal | / |
| 3 | Handling person's identify certificate | Photocopy with official seal | / |
| 4 | Power of attorney for the handling person | Original | Template available |
| 5 | Application statement for security assessment of outbound data transfer, including: 5.1 Letter of commitment 5.2 Application form for security assessment of outbound data transfer | Original | Template available |
| 6 | Contract on outbound data transfer and other documents with legal force to be signed with the overseas recipient | Photocopy with official seal | The Chinese version of the legal documents shall be submitted and prevail. |
| 7 | Self-assessment report on the risk of outbound data transfer | Original | Template available |
| 8 | Other relevant evidentiary materials | Original or photocopy with official seal | The Chinese version of the legal documents shall be submitted and prevail. |
For more details of the available templates, please refer to the official website of the CAC: 国家互联网信息办公室发布《数据出境安全评估申报指南（第一版）》-中共中央网络安全和信息化委员会办公室 (cac.gov.cn)
