China’s Standard Contractual Clauses: Restricted Use and Complex Terms

Abstract

The Cyberspace Administration of China (CAC) issued a consultation draft on 30 June 2022 of its Standard Contract for the Export of Personal Information (SCE), and Provisions governing their use, with the consultation period expiriing 29 July 2002.

These SCEs are China's equivalent to the EU’s SCCs, but are very different in content and when they may be used. In this article, parts of the Provisions are referred to as articles, and parts of the standard contract are referred to as clauses. This article is a short introduction to the SCEs.

There are quite restrictive conditions on which personal information handlers (controllers) may use the SCEs.

SCEs much include an extensive list of standard clauses, as well as provide quite a lot of information about the export in question.

Also, the controller must first carry out a personal information protection impact assessment (PIPIA). This can be dangerous is the controller does not ‘get it right’

Keywords: China, data protection, privacy, SCE