Standard Contract for Cross-Border Transfers of Personal Information

On June 30, 2022, the Cyberspace Administration of China (国家互联网信息办公室)(“CAC”) released draft Personal Information Cross-Border Transfer Standard Contract Provisions (个人信息出境标准合同规定) (the “Draft Standard Contract Provisions”) together with the form standard contract (the “Standard Contract”) for public comments. Entering into a standard contract with overseas recipients of personal information in a form provided by the CAC is one of three approaches that enable personal information processors to legitimately provide personal information collected in People’s Republic of China (“PRC” or “China”) to overseas recipients. The other two approaches include a security assessment by the CAC and receiving professional agency certification. This article provides an overview of the Draft Standard Contract Provisions and an analysis of the Standard Contract.