Shulou(Shulou.com)11/24 Report--

Thanks to CTOnews.com netizen Mr. Aviation, Ishihara Satomi happy clue delivery! CTOnews.com February 24 news, According to "Netcom China" Weixin Official Accounts news, The State Internet Information Office today announced the "Personal Information Exit Standard Contract Measures"(hereinafter referred to as "Measures"), Effective June 1,2023.

The relevant person in charge of the State Internet Information Office said that the Measures were issued to implement the provisions of the Personal Information Protection Law, protect the rights and interests of personal information and standardize the outbound activities of personal information.

In recent years, with the vigorous development of the digital economy, the demand for personal information outbound has grown rapidly. In order to meet the increasing demand for personal information exit and protect the rights and interests of personal information, the Measures stipulate the scope of application, conditions for establishment and filing requirements of standard contracts for personal information exit (hereinafter referred to as standard contracts), clarify the model of standard contracts, and provide specific guidelines for providing personal information overseas.

The Measures clarify that the personal information processor shall meet the following circumstances at the same time when providing personal information abroad by means of entering into standard contracts. CTOnews.com summarizes as follows:

One is the non-critical information infrastructure operator;

The second is to process personal information of less than 1 million people;

Third, since January 1 of last year, the cumulative personal information provided overseas is less than 100,000 people;

Fourth, since January 1 of last year, the cumulative number of sensitive personal information provided overseas is less than 10,000.

At the same time, the Measures clearly state that if laws, administrative regulations or national network information departments otherwise provide, such provisions shall prevail. It is required that the personal information processor shall not adopt such means as quantitative division, and provide the personal information that shall pass the exit safety assessment according to law to overseas by concluding standard contracts.

The Measures clearly state that before personal information processors provide personal information abroad, they shall carry out impact assessment on personal information protection and clarify the key assessment contents. It is stipulated that the personal information processor shall file with the provincial network information department where it is located within 10 working days from the effective date of the standard contract. Propose specific circumstances in which the personal information processor shall re-evaluate the impact of personal information protection, supplement or re-establish the standard contract, and perform corresponding filing procedures within the validity period of the standard contract. The Measures also stipulate supervision and management, legal responsibilities, compliance rectification requirements, etc.

The annex to the Measures is a standard contract model, mainly including relevant definitions and basic elements of the contract, contractual obligations of the personal information processor and the overseas recipient, the impact of personal information protection policies and regulations of the country or region where the overseas recipient is located on the performance of the contract, the rights and relevant remedies of the subject of personal information, as well as matters such as contract termination, liability for breach of contract, dispute resolution, etc., and two appendices are designed, such as the exit description of personal information and other terms agreed by both parties.

In addition, if the Measures specify that the exit activities of personal information carried out before the implementation of these Measures do not conform to the provisions of these Measures, rectification shall be completed within 6 months from the date of implementation of these Measures.

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