Law / China

Provisions on Promoting and Regulating Cross-Border Data Flows

促进和规范数据跨境流动规定, issued by the Cyberspace Administration of China, effective

In force since .

A cross border transfer rule binding public and private bodies.

Audit expectation
on_request
Who audits it
Regulator

What it requires

  • Confirm which volume tier applies before exporting personal information from China: under 100,000 individuals' non-sensitive personal information a year (or a listed necessary-business exemption) needs no mechanism, 100,000 to under 1,000,000 needs a standard contract or certification, and 1,000,000 or more, or sensitive personal information export above 10,000 individuals, needs the full CAC security assessment.
  • Complete a security assessment before any cross-border personal information export if operating as a critical information infrastructure operator, regardless of volume.

These lines are LexLint's reading of the law's text. Also read by: Cyberspace Administration of China (国家互联网信息办公室), the national cyberspace department that coordinates personal information protection and supervision under the Personal Information Protection Law (guidance, recorded ).

In the frameworks

NIST Privacy Framework
  • CT.PO-P2Policies, processes, and procedures for enabling data review, transfer, sharing or disclosure, alteration, and deletion are established and in place (e.g., to maintain data quality, manage data retention).

Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law

Who enforces it

Settledness

As of
Guidance link
https://www.cac.gov.cn/2026-07/24/c_1786638883119336.htm
Guidance body
Cyberspace Administration of China (国家互联网信息办公室), the national cyberspace department that coordinates personal information protection and supervision under the Personal Information Protection Law
Open questions
How are the figures for non-sensitive and sensitive personal information combined under Articles 7 and 8 when a processor exports both, given that each article counts people 自当年1月1日起累计 ("cumulatively from 1 January of the current year")?

What it makes you log

Logging duty

The Provisions fix which outbound transfers need a security assessment, a standard contract or certification, and which are exempt. Article 10 tells a handler to meet the notice, separate consent and impact assessment duties that other laws set, and Article 11 requires a report to the provincial cyberspace administration on a data security incident; neither creates a record duty here, and the impact assessment record is required by PIPL Articles 55 and 56, held on a separate row. Article 12 has the cyberspace departments supervise transfers and order rectification of risk, which is coded as an on-request check by the regulator.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

This CAC regulation relaxes PIPL Article 38's cross-border transfer mechanisms by transfer volume, recited in the CAC promulgation notice. Exporting under 100,000 individuals' non-sensitive personal information in a year, or a listed necessary-business category such as contract performance, cross-border human-resources management, or emergency protection of life or property, needs no security assessment, standard contract, or certification at all.

Exporting 100,000 to under 1,000,000 individuals' non-sensitive personal information, or under 10,000 individuals' sensitive personal information, needs a standard contract or certification. Exporting 1,000,000 or more individuals' non-sensitive personal information, or 10,000 or more individuals' sensitive personal information, or any export by a critical information infrastructure operator, needs the full CAC security assessment. Free trade zones may adopt their own negative lists further narrowing what requires a mechanism.

When LexLint raises it

When your app profile says your app processes personal data.

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Page updated .