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PRC Published the Guide to Applications for Security Assessment of Outbound Data Transfers

22/09/2022

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.DocumentsRequirementsComments
1Unified social credit code certificatePhotocopy with official seal/
2Legal representative's identity certificatePhotocopy with official seal/
3Handling person's identify certificatePhotocopy with official seal/
4Power of attorney for the handling personOriginalTemplate 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

OriginalTemplate available
6Contract on outbound data transfer and other documents with legal force to be signed with the overseas recipientPhotocopy with official sealThe Chinese version of the legal documents shall be submitted and prevail.
7Self-assessment report on the risk of outbound data transferOriginalTemplate available
8Other relevant evidentiary materialsOriginal or photocopy with official sealThe 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)

Authors

Portrait ofPanpan Tang
Panpan Tang
Senior Associate
Shanghai
Portrait ofSpring Zhu
Spring Zhu
Associate
Shanghai