China May Ease Data Transfer Rules But Regulatory Ambiguity Remains

New Approach To 'Important Data'

 
• By Brian Yang

China's latest proposed rules governing the overseas transfer of personal data may allow pharma, biotech and digital health companies to avoid regulatory security reviews and formal standard contracts, as well as personal information protection certification, but key definitions of “important data” and “negative list” items remain to be clarified.

Data
China offers to ease some overseas data transfer rules but ambiguity remains • Source: Shutterstock

In an apparent softening of its tough stance on the overseas transfer of personal data, China’s top data security regulatory agency, the Cybersecurity Administration of China (CAC), has issued a new proposal to make such transfers easier for foreign businesses, including pharma and biotech companies looking to conduct global clinical studies and transfer manufacturing-related information.

The proposal, issued on 28 September, offers some circumstances under which foreign companies may be given leeway in following some...

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