Privacy & Information Security Law Blog

On December 6, 2024, the U.S. Court of Appeals for the D.C. Circuit upheld the Protecting Americans from Foreign Adversary Controlled Applications Act, which is set to take effect on January 19, 2025, and make the distribution of TikTok illegal in the U.S. if parent company ByteDance has not divested. The D.C. Circuit is now considering a request for emergency injunction pending Supreme Court review. 

On September 30, 2024, the State Council of China published the Regulations on Administration of Network Data Security (the “Regulations”), which will take effect on January 1, 2025. The Regulations cover multiple dimensions of network data security, including personal information protection, security of important data, cross-border transfers, network platform service providers’ obligations, and regulatory supervision and administration. Certain of the key provisions are summarized below. In general, most of the provisions under the Regulations can be found in other existing laws and regulations of China.

On September 18, 2024, the National Technical Committee 260 on Cybersecurity Standardization Administration of China released the Cybersecurity Standard Practice Guideline – Sensitive Personal Information Identification Guideline.

In August 2024, the Guangzhou Internet Court in China published its final decision in the case No. (2022) Yue 0192 Minchu 6486 regarding the cross-border transfer of personal information under the Personal Information Protection Law (“PIPL”), which was originally issued on September 8, 2023. It is the first case explaining the reliance on necessity for performance of contract in cross-border data transfer activities.

On August 30, 2024, the Beijing Municipal Internet Information Office, Beijing Municipal Commerce Bureau and Beijing Municipal Government Services and Data Administration Bureau jointly issued the Data Export Management List (Negative List) of China (Beijing) Pilot Free Trade Zone (Version 2024) and the Administrative Measures for the Negative List.

On March 22, 2024, the Cyberspace Administration of China (the “CAC”) issued the Provisions on Facilitation and Regulation of Cross-Border Data Flows (the “Provisions”), which were effective the same day. The CAC also held a press conference to introduce and explain the Provisions. The Provisions demonstrate that the regulation of cross-border transfers in China is focused on important data and critical information infrastructure operators (“CIIO”), and that the CAC aims to optimize business environment, stabilize foreign investment, and support the data flow between global companies with a Chinese presence.

On March 20, 2024, the U.S. House of Representatives passed legislation that will prohibit data brokers from transferring U.S. residents’ sensitive personal data to foreign adversaries, including China and Russia. The House bill HR 7520 (the “Bill”), also known as the Protecting Americans’ Data from Foreign Adversaries Act of 2024, marks a significant development in executive and legislative action related to foreign access to U.S. data. The Bill follows a similarly groundbreaking Executive Order and Department of Justice Notice of Proposed Rulemaking issued at the end of February that will establish strict protective measures against data exploitation by countries considered national security threats for U.S. sensitive personal data and U.S. government-related data. The Bill also comes after the House overwhelmingly passed HR 7521, (the Protecting Americans from Foreign Adversary Controlled Applications Act) resulting from concerns that the Chinese government would compel TikTok (or other foreign adversary-controlled apps) to turn over U.S. data. HR 7521 would effectively require TikTok to divest from parent company ByteDance in order to avoid a ban in the U.S.

Recent developments in the Shanghai Pilot Free Trade Zone to facilitate cross-border data transfers are expected to provide greater flexibility in exporting data from China, which has been stymied by the Cyberspace Administration of China (“CAC”)’s strict cross-border data transfer regulations proposed in December 2023. In recent years, the legal framework and practical enforcement for cross-border data transfers in China have undergone significant developments, especially with respect to the CAC’s cross-border data transfer security reviews and standard contractual clauses. The lack of clarity around the CAC’s strict rules for security assessment reviews appears to have caused significant delays in the approval process for cross-border data transfers and concern among international companies who regularly transfer data outside of China. However, it appears that the Shanghai government is likely to permit international companies to transfer data offshore by leveraging its sprawling free trade zones. Shanghai, for example, has recently unveiled new measures aimed at accelerating cross-border data transfers.

On November 1, 2023, 29 nations, including the U.S., the UK, the EU and China (full list available here), reached a ground-breaking agreement, known as the Bletchley Declaration. The Declaration sets forth a shared understanding of the opportunities and risks posed by AI and the need for governments to work together to meet the most significant challenges posed by the technology. The Declaration states  that there is an urgent need to understand and collectively manage the potential risks posed by AI to ensure the technology is developed and deployed in a safe, responsible way. The Declaration was signed at the AI Safety Summit 2023, held at Bletchley Park in the UK.

On September 28, 2023, the Cyberspace Administration of China (“CAC”) released the “Provisions on Regulating and Facilitating Cross-Border Data Flows” for public comment (the “Proposal”). The deadline for public comment on the Proposal was October 15, 2023.

On May 30, 2023, the Cyberspace Administration of China (“CAC”) issued the Guideline for Filing the Standard Contract for Cross-border Transfer of Personal Information (“SC”). On June 1, 2023, the SC became an effective mechanism for transferring personal data outside of China. When using the SC as a transfer mechanism, it must be filed with the CAC and the new Guideline provides guidance for doing so. The key elements of the Guideline are summarized below.

On October 9, 2022, TC260 of China issued the Information Security Technology - Basic Security Requirements for Pre-installed App of Smartphones for public comment ending December 6, 2022 (the “Guidelines”). The Guidelines are applicable to smartphone manufacturers and also provide reference to relevant regulators and third-party assessments.

On July 7, 2022, the Cyberspace Administration of China (the “CAC”) issued the Measures on Security Assessment on Cross-border Transfer (the “Measures”), which became effective on September 1, 2022, and provide a six-month grace period to the relevant data handlers. On August 31, 2022, the CAC issued the Guidelines on Application for Security Assessment on Cross-border Transfer (the “Guidelines”), which further clarify certain issues and provide specific application documents for security assessments (including templates of application forms for security assessment on cross-border transfer and self-assessments report for risks of cross-border transfer).

On June 30, 2022, the Cyberspace Administration of China (the “CAC”) issued a draft Provision on the Standard Contract for Cross-border Transfer of Personal Information (“Draft Provisions”) and a draft of the Standard Contract for Cross-border Transfer of Personal Information (“Standard Contract”) for public comments. Per Article 38 of the Personal Information Protection Law (“PIPL”), if the data handler is not required to conduct a government security assessment, it may choose either to conduct certification by a qualified third institution or to execute the Standard Contract for cross-border transfer of personal information. Certification might be more commonly used for cross-border transfer within a group, whereas the Standard Contract may be more popular under other scenarios of cross-border transfers.

On April 29, 2022, the National Information Security Standardization Technical Committee of China issued a draft version of the Cybersecurity Standard Practice Guidelines – Technical Specification on Certification of Personal Information Cross-border Transfer Activities (the “Guidelines”). The public comment period for the Guidelines closed May 13, 2022. The Guidelines establish the basic requirements for personal information protection certifications, which are one of four cross-border transfer mechanisms permitted under Article 38 of China’s Personal Information Protection Law (“PIPL”).

On May 16, 2022, the U.S. Department of State, U.S. Department of Treasury and the Federal Bureau of Investigation issued combined guidance (“IT Workers Advisory”) on efforts by North Korean nationals to secure freelance engagements as remote information technology (“IT”) workers by posing as non-North Korea nationals. The IT Workers Advisory provides employers with detailed information on how North Korean IT workers operate; highlights red flag indicators for companies hiring freelance developers and for freelance and payment platforms to identify these workers; and provides general mitigation measures for companies to better protect against inadvertently engaging these workers or facilitating the operations of the North Korean government (“DPRK”) in violation of U.S. sanctions.

On November 14, 2021, the Cyberspace Administration of China (“CAC”) released for public comment its draft Regulations on Network Data Security Management (the “Draft Regulations”). The Draft Regulations are intended to implement portions of three existing laws – the Cybersecurity Law (“CSL”), the Data Security Law (“DSL”) and the Personal Information Protection Law (“PIPL”) (together, the “Three Laws”) – by providing guidance on certain provisions and establishing specific requirements for implementing certain principles contemplated in the Three Laws. In addition, the Draft Regulations add new requirements related to data processing activities. Once effective, the Draft Regulations will impose even greater compliance obligations on companies than the PIPL.

On October 29, 2021, the Cyberspace Administration of China (“CAC”) released for public comment “Draft Measures on Security Assessment of Cross-border Data Transfer” (“Draft Measures”). The CAC, in its third legislative attempt to build a cross-border data transfer mechanism in China, issued the Draft Measures three days before the November 1, 2021 effective date of the Personal Information Protection Law (“PIPL”).

On August 20, 2021, China’s 13^th Standing Committee of the National People’s Congress passed the Personal Information Protection Law (the “PIPL”). As we previously reported, the PIPL is China’s first comprehensive data protection law. It is modeled, in part, on other jurisdictions’ omnibus data protection regimes, including the EU General Data Protection Regulation (“GDPR”). The PIPL will become effective on November 1, 2021. Below are some of the key provisions under the PIPL.

After two rounds of public comments, the Data Security Law of the People’s Republic of China (the “DSL”) was formally issued on June 10, 2021, and will become effective on September 1, 2021.

Compared to previous drafts of the law, the final version of the DSL differs with respect to:

• establishing a work coordination mechanism and clarifying the duties of each governmental authority;
• establishing an administration system for state core data;
• encouraging data development and use to make public service more intelligent and requiring consideration of the needs of the elderly and people with disabilities when providing intelligent public services;
• protecting the security of government data; and
• increasing the punishment dynamics for violations of the law. 

On May 25, 2021, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP submitted its response (in English and in Mandarin) to the Standing Committee of the National People’s Congress (“NPC”) of the People’s Republic of China on the updated version of the Draft Personal Information Protection Law (“PIPL”).

On April 29, 2021, China issued a second version of the draft Personal Information Protection Law (“Draft PIPL”). The Draft PIPL will be open for public comments until May 28, 2021.

While the framework of this version of the Draft PIPL is the same as the prior version issued on October 21, 2020, below we summarize the material changes in the second version of the Draft PIPL.

On April 29, 2021, China issued a second draft version of the Data Security Law (“Draft DSL”). The Draft DSL will be open for public comments until May 28, 2021.

While the framework of this version of the Draft DSL is the same as the prior version issued on July 3, 2020, below we summarize the material changes in the second version of the Draft DSL.

On April 23, 2021, the National Information Security Standardization Technical Committee of China published a draft standard (in Chinese) on Security Requirements of Facial Recognition Data (the “Standard”). The Standard, which is non-mandatory, details requirements for collecting, processing, sharing and transferring data used for facial recognition.

On March 15, 2021, China’s State Administration for Market Regulation (“SAMR”) issued Measures for the Supervision and Administration of Online Transactions (the “Measures”) (in Chinese). The Measures implement rules for the E-commerce Law of China and provide specific rules for addressing registration of an online operation entity, supervision of new business models (such as social e-commerce and livestreaming), platform operators’ responsibilities, protection of consumers’ rights and protection of personal information.

On March 12, 2021, the Cyberspace Administration of China released Provisions on the “Scope of Necessary Personal Information Required for Common Types of Mobile Internet Applications” (the “Provisions”) (available here in Chinese).

On February 23, 2021, the Centre for Information Policy Leadership at Hunton Andrews Kurth hosted a webinar on China’s Data Privacy Landscape and Upcoming Legislation.

In the February 2021 issue of the Data Protection Leader, Hunton partner Dora Luo discusses China’s draft Personal Information Protection Law (“Draft PIPL”) (in Chinese) in the context of other comprehensive data protection frameworks, such as the EU General Data Protection Regulation (“GDPR”).

Hunton attorneys Dora Luo and Yanchen Wang recently published a new Guidance Note for OneTrust DataGuidance on China’s data protection laws.

On December 1, 2020, the Cyberspace Administration of China released draft rules on the “Scope of Necessary Personal Information Required for Common Types of Mobile Internet Applications” (the “Draft Rules”) (in Chinese).

On November 18, 2020, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth submitted its response to the Standing Committee of the National People’s Congress (“NPC”) of the People’s Republic of China on the Draft Personal Information Protection Law (“PIPL”).

On October 21, 2020, China issued a draft of Personal Information Protection Law (“Draft PIPL”) for public comments. The Draft PIPL marks the introduction of a comprehensive system for the protection of personal information in China.

The Civil Code of China (the “Civil Code”) was approved by the National People's Congress of China on May 28, 2020 and will take effect January 1, 2021. Part Four of the Civil Code explicitly stipulates that the “Right of Privacy” is one of the “Rights of Personality” covered therein and includes a chapter on “Privacy and Personal Information Protection,” which contains detailed provisions to protect privacy and personal information.

When compared to the EU or the U.S., China has lacked a comprehensive data protection and data security law that regulates in detail requirements and procedures relating to the collection, processing, control and storage of personal data. In recent years, China has seen developments on data protection both in legislation and in practice. Recently, another significant draft law on data security was issued by the Chinese legislative authority. On June 28 to June 30, 2020, the 20th Session of the 13th Standing Committee of the National People’s Congress of China (the “NPC”) deliberated on the draft of the Data Security Law (the “Draft”), and on July 3, published the Draft on the NPC’s official website for public comment. The public comment period for the Draft will end on August 16, 2020. It is expected that the Draft will be finalized within the year and that the regulatory requirements relating to data security eventually will be reflected in law in China.

The Cyberspace Administration of China (“CAC”), together with 11 other authorities, has jointly issued the Measures for Cybersecurity Review (the “Measures”), which will take effect on June 1, 2020, and the currently-effective Measures for Examining the Security of Network Products and Services will be repealed simultaneously.

On March 1, 2020, the Provisions on the Governance of Network Information Content Ecology (the “Provisions”) took effect. The Provisions govern China’s network information content ecology—including content producers (the “Producers”), content service platforms (the “Platforms”), content service users (the “Users”), industry organizations and Departments of Cyberspace Administration at all levels.

On February 9, 2020, amidst the ongoing coronavirus outbreak ("2019-nCoV”) in China, in order to protect personal information collected during the fight against coronavirus, such as the personal data of diagnosed patients, suspected patients and individuals who have been in close contact with diagnosed patients, the Cyberspace Administration of China released a Circular on Ensuring Effective Personal Information Protection and Utilization of Big Data to Support Joint Efforts for Epidemic Prevention and Control (the “Circular”) to emphasize the protection of relevant personal data.

2019 was the “Year of the CCPA” as companies around the world worked tirelessly to comply with the California Consumer Privacy Act of 2018 (“CCPA”). The CCPA aims to provide data privacy rights for California residents and imposes significant new requirements on covered businesses.

On October 22, 2019, the drafting group of China’s National Information Security Standardization Technology Committee (“NISSTC”) released a third set of draft amendments to the Information Security Technology - Personal Information Security Specification (GB/T 35273 – 2017) (the “Updated Draft Specification”). The original Specification, first issued on December 29, 2017, became effective May 1, 2018, and saw earlier draft amendments on February 1, 2019 and June 25, 2019. The NISSTC received more than 400 public comments on the proposed June amendments. The latest draft amendment was issued without a public comment period.

On October 1, 2019, China’s Provisions on Cyber Protection of Children’s Personal Information (“Provisions”) became effective. The Cyberspace Administration of China had released the Provisions on August 23, 2019, and they are the first rules focusing on the protection of children’s personal information in China.

On June 13, 2019, the Cyberspace Administration of China (the “CAC”) released Draft Measures on Security Assessment of Cross-Border Transfer of Personal Information (“Draft Measures”) for public comment, the window for which ends July 13, 2019.

On May 31, 2019, the Cyberspace Administration of China (the “CAC”) published Draft Regulations on Network Protection of Minor’s Personal Information (the “Draft Regulations”), timing the release to coincide with International Children’s Day. The Draft Regulations, based on the existing Cybersecurity Law of China (the “Cybersecurity Law”), is more protective of minors’ information than the Information Security Technology — Personal Information Security Specification (GB/T 35273 – 2017) (the “Specification”) and its draft amendment, which also address some limited provisions on network operators’ use and treatment of minors’ information.

On May 28, 2019, the Cyberspace Administration of China (“CAC”) released draft Data Security Administrative Measures (the “Measures”) for public comment. The Measures, which, when finalized, will be legally binding, supplement the Cybersecurity Law of China (the “Cybersecurity Law”) that took force on June 1, 2017, with detailed and practical requirements for network operators who collect, store, transmit, process and use data within Chinese territory. The Measures likely will significantly impact network operators’ compliance programs in China.

On May 24, 2019, the Cyberspace Administration of China (the “CAC”), together with eleven other relevant government authorities, jointly released the draft Cybersecurity Review Measures for public comment. The deadline for public comment is June 24, 2019.

On April 11, 2019, the People’s Republic of China’s Network Security Bureau of the Ministry of Public Security, the Beijing Network Industry Association and the Third Research Institution of the Ministry of Public Security jointly released a “Guide to Protection of Security of Internet Personal Information (the “Guide”). The Guide presents itself as a reference, rather than a legally-enforceable regulation, but how it will interact with cybersecurity-related law, regulations and standards in practice remains to be seen.

On June 27, 2018, the Ministry of Public Security of the People’s Republic of China published the Draft Regulations on the Classified Protection of Cybersecurity (网络安全等级保护条例（征求意见稿）) (“Draft Regulation”) and is seeking comments from the public by July 27, 2018.

On April 27, 2018, the Federal Trade Commission issued two warning letters to foreign marketers of geolocation tracking devices for violations of the U.S. Children’s Online Privacy Protection Act (“COPPA”). The first letter was directed to a Chinese company, Gator Group, Ltd., that sold the “Kids GPS Gator Watch” (marketed as a child’s first cellphone); the second was sent to a Swedish company, Tinitell, Inc., marketing a child-based app that works with a mobile phone worn like a watch. Both products collect a child’s precise geolocation data, and the Gator Watch includes geofencing “safe zones.”  

On May 1, 2018, the Information Security Technology – Personal Information Security Specification (the “Specification”) went into effect in China. The Specification is not binding and cannot be used as a direct basis for enforcement. However, enforcement agencies in China can still use the Specification as a reference or guideline in their administration and enforcement activities. For this reason, the Specification should be taken seriously as a best practice in personal data protection in China, and should be complied with where feasible.

On January 25, 2018, the Standardization Administration of China published the full text of the Information Security Technology – Personal Information Security Specification (the “Specification”). The Specification will come into effect on May 1, 2018. The Specification is voluntary, but could become influential within China because it establishes benchmarks for the processing of personal information by a wide variety of entities and organizations. In effect, the Specification constitutes a best practices guide for the collection, retention, use, sharing and transfer of personal information, and for the handling of related information security incidents.

On November 7, 2017, the Standing Committee of the National People’s Congress of China published the second draft of the E-commerce Law (the “Second Draft”) and is allowing the general public an opportunity to comment through November 26, 2017.

On August 31, 2017, the National Information Security Standardization Technical Committee of China published four draft voluntary guidelines (“Draft Guidelines”) in relation to the Cybersecurity Law of China. The Draft Guidelines are open for comment from the general public until October 13, 2017.

Recently, the National Information Security Standardization Technical Committee of China published a draft document entitled Information Security Technology – Guidelines for De-Identifying Personal Information (the “Draft Guidelines”). The Draft Guidelines are open for comment from the general public until October 9, 2017.

Recently, the fourth edition of the book, The International Comparative Legal Guide to: Data Protection 2017, was published by the Global Legal Group. Hunton & Williams’ Global Privacy and Cybersecurity lawyers prepared several chapters in the guide, including the opening chapter on “All Change for Data Protection: The European Data Protection Regulation,” co-authored by London partner Bridget Treacy and associate Anita Bapat. Several other global privacy and cybersecurity team members also prepared chapters in the guide, including David Dumont (Belgium), Claire François (France), Judy Li (China), Manuel E. Maisog (China), Wim Nauwelaerts (Belgium), Anna Pateraki (Germany), Aaron P. Simpson (United States), Adam Smith (United Kingdom) and Jenna Rode (United States).

In the wake of China’s Cybersecurity Law going into effect on June 1, 2017, local authorities in Shantou and Chongqing have brought enforcement actions against information technology companies for violations of the Cybersecurity Law. These are, reportedly, the first enforcement actions brought pursuant to the Cybersecurity Law.

This post has been updated. 

On July 10, 2017, the Cyberspace Administration of China published a new draft of its Regulations on Protecting the Security of Key Information Infrastructure (the “Draft Regulations”), and invited comment from the general public. The Cybersecurity Law of China establishes a new category of information infrastructure, called “key [or critical] information infrastructure,” and imposes certain cybersecurity obligations on enterprises that operate such infrastructure. The Draft Regulations will remain open for comment through August 10, 2017.

On May 27, 2017, the National Information Security Standardization Technical Committee of China published draft guidelines on cross-border transfers pursuant to the new Cybersecurity Law, entitled Information Security Technology – Guidelines for Data Cross-Border Transfer Security Assessment (the “Draft Guidelines"). The earlier draft, Measures for the Security Assessment of Outbound Transmission of Personal Information and Critical Data (the “Draft Measures”), requires network operators to conduct “security assessments” when they propose to transfer personal information and “important information” to places outside of China. These “security assessments” are essentially audits of the cybersecurity circumstances surrounding the proposed transfer that are intended to produce an assessment of the risk involved. If the assessment indicates that the risk is too high, the transfer must be terminated.

On June 1, 2017, the new Cybersecurity Law went into effect in China. This post takes stock of (1) which measures have been passed so far, (2) which ones go into effect on June 1 and (3) which ones are in progress but have yet to be promulgated.

On May 19, 2017, the Cyberspace Administration of China (“CAC”) issued a revised draft (the “Revised Draft”) of its Measures for the Security Assessment of Outbound Transmission of Personal Information and Critical Data. The original draft was issued in April 2017, and similar to the original draft, the Revised Draft does not have the impact of law; it does, however, provide an indication of how the CAC’s views on the Cybersecurity Law have evolved since the publication of the original draft. The Revised Draft was issued after the CAC received comments on the original draft from numerous parties.

On May 5, 2017, the U.S. District Court for the Southern District of New York entered a default judgment in favor of the SEC against three Chinese defendants accused of hacking into the nonpublic networks of two New York-headquartered law firms and stealing confidential information regarding several publicly traded companies engaged in mergers and acquisitions. The defendants allegedly profited illegally by trading the stolen nonpublic information. After the defendants failed to answer the SEC’s complaint, the court entered a default judgment against them, imposing a fine ...

On May 2, 2017, the Cyberspace Administration of China published the final version of the Measures for the Security Review of Network Products and Services (for trial implementation) (the “Measures”), after having published a draft for public comment in February. Pursuant to the Cybersecurity Law of China (the “Cybersecurity Law”), if an operator of key information infrastructure purchases a network product or service that may affect national security, a security review of that product or service is required. The Measures provide detailed information about how these security reviews will actually be implemented. The Measures will come into effect on June 1, 2017, together with the Cybersecurity Law. The Measures should not be confused with the final version of the draft Measures for the Security Assessment of Outbound Transmission of Personal Information and Critical Data, which was published on April 11, 2017, and remain open for public comment.

The Cybersecurity Law of China, which was passed in November of 2016, introduced a data localization requirement requiring “operators of key information infrastructure” to retain, within China, critical data and personal information which they collect or generate in the course of operating their business in China. If an entity has a genuine need resulting from a business necessity to transmit critical data or personal information to a destination outside of China, it can do so provided it undergoes a “security assessment.”

China’s new Cybersecurity Law will impose new restrictions on information flows from operators of key information infrastructure, and will become effective in June 2017. Hunton & Williams LLP will host a webinar on China’s New Cybersecurity Law on March 7, 2017, at 12:00 p.m. EST.

On February 4, 2017, the Cyberspace Administration of China published a draft of its proposed Measures for the Security Review of Network Products and Services (the “Draft”). Under the Cybersecurity Law of China, if an operator of key information infrastructure purchases network products and services that may affect national security, a security review is required. The Draft provides further hints of how these security reviews may actually be carried out, and is open for comment until March 4, 2017.

On January 17, 2017, the International Trade Administration (“ITA”) announced that South Korea formally submitted its intent to join the APEC Cross-Border Privacy Rules (“CBPR”) system. South Korea would be the fifth APEC economy to join the system, joining the United States, Mexico, Canada and Japan.

Last month, the Standing Committee of the National People’s Congress of China published a full draft of the E-commerce Law (the “Draft”) and is giving the general public an opportunity to comment on the draft through January 26, 2017.

Recently, the Ministry of Industry and Information Technology of the People’s Republic of China published a draft of the new Notice on Regulating Business Behaviors in the Cloud Service Market (Draft for Public Comments) (the “Draft”) for public comment. The Draft is open for comment until December 24, 2016.

On November 7, 2016, the Standing Committee of the National People’s Congress of China enacted the final Cybersecurity Law after it held its third reading of the draft Cybersecurity Law on October 31, 2016. The first draft of the Cybersecurity Law was published for comment more than a year ago, followed by the second draft in July this year. The final Cybersecurity Law will apply from June 1, 2017.

On October 31, 2016, the Standing Committee of the National People’s Congress of China held a third reading of the draft Cybersecurity Law (the “third draft”). As we previously reported, the second draft of the Cybersecurity Law was published for comment in June. The National People’s Congress has not yet published the full text of the third draft of the Cybersecurity Law.

Recently, the Cyberspace Administration of China published for public comment a draft of the Regulations on the Online Protection of Minors (“Draft Regulations”). The Draft Regulations are open for comment until October 31, 2016.

Last month, the People’s Republic of China’s Ministry of Transportation, Ministry of Industry and Information Technology and six other administrative departments jointly published the Interim Measures for the Administration of Operation and Services of E-hailing Taxis (the “Measures”). E-hailing is an increasingly popular business in China and has already become a compelling alternative to the traditional taxi. The Measures seek to regulate this emerging industry, and will come into effect on November 1, 2016. Below is a summary of the key requirements.

Recently, the People’s Republic of China’s Ministry of Public Security, the National Development and Reform Commission and six other administrative departments jointly published the Announcement on Regulating the Administration of the Use of Resident Identity Cards (the “Announcement”). The Announcement came into effect on July 15, 2016, the date of its issuance.

The Announcement reiterates existing prohibitions against leasing, lending or assigning a resident identity card to another person, and reiterates an existing requirement that resident identity cards must not be seized or held as a security by government agencies, related entities or their staff.

The State Administration for Industry and Commerce of the People’s Republic of China published a draft of its Implementing Regulations for the P.R.C. Law on the Protection of the Rights and Interests of Consumers (the “Draft”) for public comment. The draft is open for comment until September 5, 2016.

On July 5, 2016, the Standing Committee of the National People’s Congress of the People’s Republic of China (the “Standing Committee”) published the full second draft of the Cybersecurity Law (the “second draft”). The publication of the second draft comes after the Standing Committee’s second reading of the draft on June 27, 2016. The public may comment on the second draft of the Cybersecurity Law until August 4, 2016.

On June 28, 2016, the State Internet Information Office of the People’s Republic of China published the Administrative Provisions on Information Services for Mobile Internet Applications (the “App Administrative Provisions”). This is the first regulation that expressly regulates mobile apps in the People’s Republic of China. Before the App Administrative Provisions were published, the P.R.C. Ministry of Industry and Information Technology had published a draft of the Interim Provisions on the Preinstallation and Management of the Distribution of Mobile Intelligent Terminal Applications (“Interim Provisions”). The comment period for the Interim Provisions draft expired six months ago and i’s still uncertain when it will become effective. According to unofficial statistics, domestic app stores have more than 4 million apps in inventory presently, and the number is growing. Those apps will now become highly regulated products under the App Administrative Provisions.

On June 27, 2016, the Standing Committee of the National People’s Congress of the People's Republic of China held a second reading of the draft Cybersecurity Law (the “second draft”). The law is aimed at strengthening the protection and security of key information infrastructure and important data in China. As we previously reported, the first draft of the Cybersecurity Law was published for comment almost a year ago, but the National People’s Congress has not published the full second draft of the Cybersecurity Law to date.

On June 25, 2016, the Cyberspace Administration of China published its new Administrative Provisions on Internet Information Search Services (the “Provisions”). The Provisions will come into effect on August 1, 2016.

Hunton & Williams announces its participation with the Global Legal Group in the publication of the third edition of the book The International Comparative Legal Guide to: Data Protection 2016. The guide provides corporate counsel and international practitioners with a comprehensive worldwide legal analysis of the laws and regulations relating to data protection. Bridget Treacy, partner and head of the UK privacy and cybersecurity practice, served as the contributing editor of the guide and co-authored the UK chapter.

On March 22, 2016, the Ministry of Commerce of the People’s Republic of China published drafts of its proposed (1) Specifications for Business Services in Mobile E-commerce (“Mobile E-commerce Specifications”) and (2) Specifications for Business Services in Cross-border E-commerce (“Cross-border E-commerce Specifications”). A public comment period on these drafts is now open. Comments will be accepted until May 31, 2016.

During last week’s APEC privacy and e-commerce meetings in Lima, Peru, the APEC E-Commerce Business Alliance (“ECBA”) established its 2nd APEC E-Commerce Business Alliance Expert Council (“Expert Council”). The ECBA Expert Council is comprised of 32 e-commerce experts from government, academia and the private sector in the APEC region. The U.S. members are Markus Heyder, Vice President and Senior Policy Counselor at the Centre for Information Policy Leadership, Manuel “Bing” Maisog, partner at Hunton & Williams, and Joshua Harris, Director of Policy at TRUSTe.

On December 28, 2015, the People's Bank of China published Administrative Measures for Online Payment Business of Non-bank Payment Institutions (the “Measures”). The Measures were enacted to provide further details on the regulation of online payment businesses, in supplement to the earlier Administrative Measures for the Payment Services of Non-financial Institutions (the “2010 Measures”), published by the People's Bank of China on June 14, 2010. The 2010 Measures regulated the conduct of all payment services, including both online payment methods and three other types of payment methods, by all types of Non-bank Payment Institutions (“NBPIs”). The newer Measures are more focused and apply only to online payment methods, and only to NBPIs which have already obtained a Payment Business License and are engaged in an online payment business.

On December 27, 2015, the Standing Committee of the National People’s Congress of the People’s Republic of China published the P.R.C. Anti-Terrorism Law. The law was enacted in response to a perceived growing threat from extremists and terrorists, particularly in regions in Western China, and came into effect on January 1, 2016.

On November 16, 2015, the Legislative Affairs Office of the State Council of the People's Republic of China published a draft Regulation for Couriers (the “Regulation”) and requested public comment on the Regulation. Interested parties have until mid-December 2015 to submit comments on the Regulation. The Regulation comes at a time when courier services and online shopping are growing steadily in China. Under the Regulation, the sender of a parcel will be required to fill in his or her real name and address, the telephone numbers of both the sender and the recipient, as well as the name, quantity and nature of the object being couriered.

Hunton & Williams is pleased to announce its participation with the Global Legal Group in the publication of the second edition of the book The International Comparative Legal Guide to: Data Protection 2015. Members of the Hunton & Williams Global Privacy and Cybersecurity team prepared several chapters in the guide, including the opening chapter on “Legislative Change: Assessing the European Commission’s Proposal for a Data Protection Regulation,” and chapters on Belgium, China, France, Germany, the United Kingdom and the United States.

On July 6, 2015, the Standing Committee of the National People’s Congress of the People’s Republic of China published a draft of the country’s proposed Network Security Law (the “Draft Cybersecurity Law”). A public comment period on the Draft Cybersecurity Law is now open until August 5, 2015.

On June 11 and 12, 2015, Asia Pacific Privacy Authority (“APPA”) members, invited observers and guest speakers from the government, private sector, academia and civil society, met in Hong Kong to discuss privacy law and policy issues at the 43rd APPA Forum. At the end of the open session on day two, APPA issued its customary communiqué, setting forth the highlights of the discussions of the open and closed sessions. The Hong Kong Privacy Commissioner, who hosted the APPA meeting, also hosted a conference on big data and privacy on June 10.

On May 19, 2015, China’s Ministry of Industry and Information Technology promulgated its Provisions on the Administration of Short Messaging Services (the “Provisions”), which will take effect on June 30, 2015.

On April 14, 2015, the American Chamber of Commerce in China (“AmCham”) published a report, entitled Protecting Data Flows in the US-China Bilateral Investment Treaty (the “Report”). The Report is part of AmCham’s Policy Spotlight Series. While in principle addressed to the U.S. and Chinese teams that are currently negotiating the Bilateral Investment Treaty, the Report has been made public. It thereby provides insight into the emerging issue of data localization for the benefit of a much wider audience.

On January 5, 2015, the State Administration for Industry and Commerce of the People’s Republic of China published its Measures for the Punishment of Conduct Infringing the Rights and Interests of Consumers (the “Measures”). The Measures contain a number of provisions defining circumstances or actions under which enterprise operators may be deemed to have infringed the rights or interests of consumers. These provisions are consistent with the basic rules in the currently effective P.R.C. Law on the Protection of Consumer Rights and Interests (“Consumer Protection Law”). The Measures will take effect on March 15, 2015.

On December 29, 2014, the Hong Kong Office of the Privacy Commissioner for Personal Data published guidance (the “Guidance Note”) on the protection of personal data in cross-border data transfers. The Guidance Note was released in light of the Privacy Commissioner’s intention to elaborate on the legal restrictions governing cross-border data transfers in Hong Kong, though these have not yet gone into effect.

On December 22, 2014, the Federal Trade Commission announced that it notified China-based BabyBus (Fujian) Network Technology Co., Ltd., (“BabyBus”) that several of the company’s mobile applications (“apps”) appear to be in violation of the Children’s Online Privacy Protection Rule (the “COPPA Rule”). In a letter dated December 17, 2014, the FTC warned BabyBus of potential COPPA violations stemming from allegations that the company has failed to obtain verifiable parental consent prior to its apps collecting and disclosing the precise geolocation information of users under the age of 13.

In October 2014, the People’s Republic of China Supreme People’s Court issued interpretations regarding the infringement of privacy and personal information on the Internet. The interpretations are entitled Provisions of the Supreme People’s Court on Several Issues concerning the Application of the Rules regarding Cases of the Infringement of Personal Rights over Information Networks (the “Provisions”) and became effective on October 10, 2014.

On August 8, 2014, a court in Shanghai found a foreign couple guilty of illegal collection of personal information. British national Peter Humphrey was sentenced to two and a half years of imprisonment and a fine of RMB 200,000, and his wife was sentenced to two years of imprisonment and a fine of RMB 150,000. In addition, Humphrey will be deported after serving his term.

In March 2014, the State Postal Bureau of the People’s Republic of China (the “SPBC”) formally issued three rules (the “Rules”) establishing significant requirements regarding the protection of personal information: (1) Provisions on the Management of the Security of Personal Information of Postal and Delivery Service Users (the “Security Provisions”); (2) Provisions on the Reporting and Handling of Security Information in the Postal Sector (the “Reporting and Handling Provisions”); and (3) Provisions on the Management of Undeliverable Express Mail Items (the “Management Provisions”). The Rules, each of which became effective on its date of promulgation, were issued in draft form in November 2013 along with a request for public comment.

In recent months, the Chinese government has devoted attention to the protection of personal information with, as we previously reported, the promulgation of a number of new data protection regulations. This focus is also illustrated by recent actions related to crimes involving personal information.

On November 27, 2013, the State Post Bureau of the People’s Republic of China (the “SPBC”) released five draft normative rules for solicitation of public comment. Three of these rules, respectively entitled Provisions on the Management of the Security of Personal Information of Postal and Delivery Service Users (the “Draft Provisions”), Provisions on the Reporting and Handling of Security Information in the Postal Sector (the “Reporting and Handling Provisions”), and Provisions on the Management of Undeliverable Express Mail Items (the “Management Provisions”) contain significant requirements regarding the protection of personal information. The deadline for submitting comments on the rules is December 27, 2013.

On November 15, 2013, the People’s Bank of China (the “PBOC”) issued its Administrative Measures for Credit Reference Agencies (the “Measures”) – eight months after the Administrative Regulations on the Credit Information Collection Sector (the “Regulations”) became effective on March 15, 2013. The Measures, which will take effect on December 20, 2013, were formulated to enhance the supervision and regulation of credit reference agencies and to promote positive developments in the credit information services sector.

On November 21, 2013, the Supreme People’s Court of China passed the Provisions on the Online Issuance of Judgment Documents by People’s Courts (the “Provisions”), which will take effect on January 1, 2014. The Provisions replace earlier rules (of the same title) enacted by the Supreme People’s Court on November 8, 2010, and generally focus on improved implementation of the principles of standardizing the online issuance of judgment documents, promoting judicial justice and enhancing the public credibility of the judiciary.

On November 19, 2013, the National Health and Family Planning Commission of the People’s Republic of China published a draft of its proposed new Administrative Measures on Personal Health Information (the “Draft Measures”) and solicited public comments by December 20, 2013.

On November 4, 2013, the China Insurance Regulatory Commission, which is the Chinese regulatory and administrative authority for the insurance sector, issued the Interim Measures for the Management of the Authenticity of Information of Life Insurance Customers (the “Measures”). The Measures require life insurance companies and their agents to ensure the authenticity of personal data of life insurance policy holders. To help achieve this objective, the Measures impose rules for the collection, recording, management and use of the personal data of policy holders.

On October 25, 2013, the Standing Committee of the National People’s Congress of the People’s Republic of China passed an amendment to the P.R.C. Law on the Protection of Consumer Rights and Interests (the “Amendment”). The Amendment, which was adopted after three readings and will take effect on March 15, 2014, adds provisions designed to respond to the recent boom in online shopping and focuses on improving protections in the area of consumer rights and interests by: