Comments on the Draft CAC Provisions on the Regulation and Promotion of Cross-border Data Flows: Will the hoped-for exemptions from the existing PIPL-rules materialise?

Abstract

This article deals with the Draft Provisions on the Regulation and Promotion of Cross-border Data Flows from September 2023. The draft has raised high hopes among foreign investors for an easing of cross-border data transfer. This is due particularly to Section 4 of the Draft, which contains a significant relaxation of the current strict regime under the Personal Data Protection Law. In this article, the authors comment on the Draft and explain why the Draft will not be enacted in its current form.