China Digital Economy - Monthly Policy Updates (September 2024)
The China-Britain Business Council will collaborate with LexisNexis as part of the working group programme to provide you the latest updates on the digital economy including case studies, insights, and analysis.
State Council Passes Draft Regulations on Network Data Security Management
【2024-08-30】
Recently, the Regulations on Network Data Security Management (Draft) were deliberated and approved at an executive meeting of the State Council chaired by Premier Li Qiang. The meeting highlighted the need for implementing classified and graded protection for network data, clearly defining responsibilities for all relevant entities and enforcing security measures for network data protection. The draft also underscored the importance of clarifying security boundaries to ensure the lawful, orderly, and free flow of data, thereby creating an environment conductive to high-quality development of the digital economy and driving technological and industrial innovation.
China and EU Formally Launch Cross-Border Data Flow Communication Mechanism and Hold First Meeting
【2024-08-27】
On August 27, 2024, the inaugural meeting of the China-EU Cross-Border Data Flow Communication Mechanism (the "Mechanism") was held via video conference. Wang Jingtao, Deputy-Director of the Cyberspace Administration of China (CAC), and Sabine Weyand, Director-General of DG Trade at the European Commission, opened the meeting with speeches, marking the official launch of the Mechanism.
During the meeting, the two sides conducted candid, in-depth, and constructive discussions on specific issues related to data cross-border flows faced by businesses, and on the regulatory framework governing cross-border data flows.
Participates included representatives from the CAC, the Ministry of Foreign Affairs, the Ministry of Commerce, the Ministry of Industry and Information Technology, the National Data Administration, as well as the European Commission's Directorate-General for Trade, Directorate-General for Justice and Consumers, Directorate-General for Communications Networks, Content and Technology, and the EU Delegation to China.
The Mechanism, spearheaded by the CAC and the EU's DG Trade, aims to facilitate exchanges on relevant policies and practices through meetings and other approaches, thereby promoting cross-border data flows between China and the EU
Beijing Unveils First Scenario- and Field-Based Negative List for Data Outbound Transfers in the FTZ
【2024-08-30】
On August 30, 2024, Beijing released a set of policy documents on data outbound transfers, including the List for the Management of the Outbound Transfer of Data in China (Beijing) Pilot Free Trade Zone (Negative List) (2024), the Administrative Measures for the Negative List for Data Outbound Transfers in China (Beijing) Pilot Free Trade Zone (for Trial Implementation) (the "Administrative Measures"), and Several Service Measures of Beijing Municipality for Facilitating Data Outbound Transfers.
The Administrative Measures provide guidance on the drafting process of the Negative List, division of duties, use and management, and security supervision, serving as the basic regulations for formulating the Negative List and conducting routine supervision. In addition, the rules for identifying important data are refined, offering a reference framework with 13 types and 41 subtypes of data to help businesses improve their identification capabilities.
As the first scenario- and field-based negative list for data outbound transfers, the Negative List addresses the urgent data outbound transfer needs in key scenarios and aligns with Beijing's major industry layout.
Following the principle of "prioritizing urgent needs and advancing gradually," the first batch of policies introduced covers five areas: automotive, pharmaceuticals, retail, civil aviation, and artificial intelligence. Going forward, the list will evolve through a dynamic management mechanism, with sectors added in phases. Policies will be released iteratively as they mature, continually refining the negative list framework.
NFRA Seeks Public Comments on Measures for Compliance Management in Financial Institutions (Draft for Comment)
【2024-08-16】
On August 16, 2024, the National Financial Regulatory Administration (NFRA) issued a circular seeking public comments on the Measures for the Compliance Management in Financial Institutions (Draft for Comment). The cut-off date for receiving comments is September 17, 2024.