Squire Patton Boggs’ Post

🔐 On 22 March 2024, the China Cyberspace Administration of China issued the highly anticipated final Regulations on Regulating and Promoting Cross-Border Data Flows. Our updated Q&A on this topic addresses and clarifies certain questions on what this welcome change means for businesses in China in terms of data compliance. This new piece of legislation eases compliance burdens and cross-border data flows, including exemptions from and higher thresholds for filing standard contracts for outbound cross-border data transfers. 🤝 Our experts: Susanne Rademacher, Jenna Wang-Metzner, Lelu Li and Kelly Tang   #advantbeiten #chinadesk

By Communist Party standards, the Cyberspace Administration of China’s rise has been nothing short of breathtaking. In just over 10 years, the regulator has morphed from a singularly minded online censor into one of the country’s most powerful administrators — with oversight of both data and artificial intelligence, two pillars of future economic growth. But the CAC’s rapidly expanding portfolio has also appeared to leave some of its bureaucrats overwhelmed, according to people familiar with the matter. That has contributed to a sense of confusion in recent years, according to interviews with more than a dozen executives, consultants and lawyers who work with the agency or advise foreign businesses. https://lnkd.in/dZRc2H9x

On 22 March 2024, the Cyberspace Administration of China (“CAC”) introduced the Provisions on Regulating and Facilitating Cross-border Data Flow. These Provisions, which are effective immediately, signal a strategic shift by the Chinese government to smooth and facilitate outbound data flows. While they suggest exemptions from certain compliance obligations for eligible companies, the details require careful case-by-case evaluation. This newsletter outlines the key permissible omissions and essential actions for companies under the CAC's new framework, providing clarity on cross-border data transfer compliance. Panpan Tang and Spring Zhu provided the key aspects of the provisions. Please read it here: https://lnkd.in/d86fTDH4 #cms #cmslaw #data #ip #newsletter #regulations

On March 22, 2024, the Cyberspace Administration of China (CAC) finally released the long-awaited Provisions on Promoting and Standardizing Cross-Border Data Flows (the “Provisions”）. The Provisions relaxed China‘s existing cross-border data transfer (“CBDT”) regulatory regime. This alert, which was brought by our partners Yunxia (Kate) Yin, Esq., CFA, Gil Zhang, Sherman Deng and associates from Fangda data protection practice, aims to summarize the major changes, highlight the issues that still need clarification from regulators, and provide suggestions on how to comply with the changed CBDT requirements.

In an effort to protect transfers of personal information from China to other countries, the Chinese Cyberspace Administration (CAC) implemented the Standard Contractual Measures for the Transfer of Personal Information Oversees and the corresponding Standard Contractual Clauses (SCCs), in effect since June 2023.  The Chinese SCCs are not only relevant for companies sending information out China, but also for foreign companies receiving data from the country, such as group data transfers or if the foreign enterprise is servicing Chinese companies. Read our article "Foreign companies receiving data from China are subject of Chinese SCCs" ⬇️ https://lnkd.in/eMQFqpkM

After months of uncertainty, China’s data regulator, the Cyberspace Administration of China, issued the Provisions on Facilitating and Regulating Cross-Border Data Flows addressing a range of issues concerning China’s cross-border data transfer regime. Join MoFo for a webinar on April 22/23 to explore China’s CBDT regime. https://lnkd.in/eRaFwaR4

In an effort to protect transfers of personal information from China to other countries, the Chinese Cyberspace Administration (CAC) implemented the Standard Contractual Measures for the Transfer of Personal Information Oversees and the corresponding Standard Contractual Clauses (SCCs), in effect since June 2023.  The Chinese SCCs are not only relevant for companies sending information out China, but also for foreign companies receiving data from the country, such as group data transfers or if the foreign enterprise is servicing Chinese companies. Read our article "Foreign companies receiving data from China are subject of Chinese SCCs" ⬇️ https://lnkd.in/euHRpHmB

🇺🇸🇨🇳 US adds 37 China entities to trade blacklist over security concerns The US government on Thursday added 37 Chinese entities to its trade blacklist, citing national security concerns, with 11 of them accused of being connected with a suspected spy balloon that flew over sensitive areas of the United States last year. Entities including companies and research institutions on the list are restricted from doing business with US firms and must gain Commerce Department approval before obtaining goods and technologies from them. Of the 37 entities, the department said 22 were put on the list for their links to China's efforts to improve quantum technology and for acquiring or seeking to acquire US-origin items to boost the country's quantum capabilities. #USA #China

The Digital Trade Agreement between Ukraine and the United Kingdom has come into force, marking an important step in the development of economic relations between the two countries. The agreement offers several key benefits, including reducing administrative costs through digital solutions, using electronic signatures and contracts, enhancing cybersecurity and data protection, and ensuring the freedom to trade digital goods and services. The agreement was signed online on March 20, 2023, making Ukraine the second country in the world, after Singapore, to enter into such an agreement with the United Kingdom. This opens up new opportunities for Ukrainian businesses, simplifies trade, and helps protect the interests of both countries in the digital sphere. More about the Agreement: https://bit.ly/4eagOOt

🚫 OFAC recently imposed significant new 𝗿𝗲𝘀𝘁𝗿𝗶𝗰𝘁𝗶𝗼𝗻𝘀 𝗼𝗻 𝗜𝗧 𝗮𝗻𝗱 𝗿𝗲𝗹𝗮𝘁𝗲𝗱 𝘀𝗲𝗿𝘃𝗶𝗰𝗲𝘀 𝘁𝗵𝗮𝘁 𝗨.𝗦. 𝗽𝗲𝗿𝘀𝗼𝗻𝘀 𝗰𝗮𝗻 𝗽𝗿𝗼𝘃𝗶𝗱𝗲 𝘁𝗼 𝗥𝘂𝘀𝘀𝗶𝗮. Delve into a breakdown of the new determination and implications for U.S. companies in our latest article: https://lnkd.in/evWp5J3A   OFAC’s new determination aims to hinder the Russian military’s access to the latest technologies and software, impeding Russia’s ability to conduct effective and advanced battlefield operations.   The prohibitions include bans on: 🖥 IT consultancy and design services ☁ Cloud-based services 🛠 Design and manufacturing software   Multinational tech corporations, financial institutions, and other companies still operating in Russia will likely require licenses to continue operating there.