Securiti launches Gencore AI, a holistic solution to build Safe Enterprise AI with proprietary data - easily

View

China Network Data Security Management Regulations

Author

Salma Khan

Data Privacy Analyst

CIPP/Asia

Listen to the content

Introduction

On 30 September, the State Council of China officially released the Regulations on Network Data Security Management (Data Security Regulations), effective January 1, 2025. This marks the end of a three-year consultation process involving various stakeholders since the initial draft was introduced in 2021. It is a key national-level framework that plays a crucial role in implementing China’s Cybersecurity Law (CSL), Data Security Law (DSL), and Personal Information Protection Law (PIPL).

Key Compliance Measures for Businesses

  • Foreign companies must determine if their activities fall under the Data Security Regulations and appoint a local representative if needed.
  • Comply with the self-assessment requirement for important data.
  • Review strategies for cross-border data transfers, leveraging newly introduced compliance pathways.
  • Revise privacy policies, consent forms, data subject request forms, processing agreements, and cross-border transfer agreements.
  • Strengthen security measures for AI, automated data crawling, critical data processing, and large network platforms.

For a detailed understanding of the Data Security Regulations, go through the information provided below.

Scope of Application

The Data Security Regulations apply to data processing activities conducted within China. Additionally, they extend to certain data processing activities outside China under specific circumstances. These include cases where a foreign business:

  • Collects personal data from China to offer products or services to the Chinese market.
  • Analyzes or tracks the behavior of individuals located in China.
  • Engages in data processing outside China that threatens national security, public interest, or the legal rights of Chinese citizens or entities.

The Data Security Regulations require foreign data handlers to establish a designated organization or appoint a representative in China. The names and contact details of these representatives must be reported to the local Cyberspace Administration of China (CAC) authority. This requirement signals China’s intent to strengthen oversight of data collection and processing activities conducted outside its borders.

Important Data

The concept of important data is a critical element of China's data laws, as entities handling such data are subject to significantly stricter compliance obligations. However, defining what constitutes ‘important data’ has remained challenging due to the broad and general nature of China’s data laws.

To provide clarity, the Cyberspace Administration of China (CAC) issued the Provisions on Promoting and Regulating Outward Data Flow in March 2024. These provisions establish that businesses may treat the data they collect or process as non-important data unless:

  • It is explicitly listed in an officially published important data catalog, or
  • Chinese regulators specifically notify the business that the data qualifies as important data.

Businesses have welcomed this clarification, as it reduces compliance uncertainty and mitigates associated regulatory risks.

Important Data under Data Security Regulations

A. Self-Assessment

Consistent with the Provisions on Promoting and Regulating Outward Data Flow, the Data Security Regulations confirm that businesses should determine whether the data they process qualifies as important data by referring to published important data catalogs and conducting self-assessments. Unless regulators specify otherwise, businesses may assume they are not handling important data.

B. Relaxed Threshold

Under the PIPL and previous regulations, personal data exceeding one million individuals was considered important data. However, free trade zones in Beijing and Tianjin increased this threshold tenfold, classifying personal data as important data only when it exceeds 10 million individuals. The Data Security Regulations adopt a similarly relaxed approach at the national level. However, companies processing the personal data of more than 10 million individuals must:

  • Establish a dedicated data security department and appoint a senior executive responsible for data security.
  • Report the names and contact details of the responsible personnel to the relevant regulators.
  • In cases of merger, acquisition, spin-off, or insolvency that may affect data security, submit a data disposal plan to regulators to ensure the protection of important data.

Cross-Border Data Transfer

China’s legal framework for cross-border data transfers imposes stricter regulatory controls. Under the CSL, DSL, and PIPL, data transfers out of China must comply with one of three primary legal mechanisms:

  • CAC-led security assessments
  • Chinese Standard Contractual Clauses (SCCs)
  • Security certification by qualified third parties

For CAC-led security assessments and Chinese SCCs, the data exporter in China and the overseas recipient must compile extensive documentation, conduct an impact assessment, and submit the required materials for regulatory approval or filing. Recognizing the compliance burden associated with these requirements, the CAC introduced targeted relaxations in the Provisions on Promoting and Regulating Outward Data Flow. These provisions allow certain qualified businesses to either:

  • Be exempt from the full cross-border data transfer regime, or
  • Opt for a less restrictive legal mechanism.

Relaxed Requirements Under Data Security Regulations

The Data Security Regulations expand on these relaxations by introducing additional legal bases for cross-border data transfers. In addition to the existing three mechanisms, businesses may now rely on the following additional justifications:

  • Transfers necessary for contract signing or performance,
  • Transfers of employee data necessary for cross-border human resources management,
  • Emergency situations.
  • Transfers necessary for performing mandatory duties, or
  • Transfers permitted under other laws and regulations.

The inclusion of “necessity for performing mandatory duties” as a legal basis is a notable addition, as it does not appear in the PIPL or prior regulations. While its interpretation remains uncertain, it is expected to potentially allow regulated industries to transfer data to comply with legal obligations.

Enhanced Data Protection Practices

To enhance regulatory oversight of data processing activities, the Data Security Regulations impose specific requirements and best practices concerning the following:

  • Privacy policies,
  • Separate consent forms,
  • Contractual arrangements for data sharing with third parties, and
  • Procedures for facilitating data subjects' rights.

The Data Security Regulations require businesses to review and update their privacy policies or personal information collection statements to ensure compliance with these new obligations.

Data Portability

Under the Data Security Regulations, a data subject must meet the following conditions before exercising the right to data portability:

  • The data subject’s real identity must be verifiable;
  • The data to be ported must consist of personal information collected based on the subject's consent or contractual agreement;
  • The portability of the data must be technically feasible; and
  • The personal data portability must not infringe upon the legal interests of others.

While the PIPL establishes overarching principles for personal data portability, the Data Security Regulations represent the first set of detailed rules in China addressing the practical implementation of data portability.

Automation and Emerging Technologies

The Data Security Regulations address new technologies such as AI and web scraping, requiring companies to delete or anonymize unintentionally collected personal data promptly.

Breach Notification

The Data Security Regulations underscore the importance of preventing data breaches and enhancing cyber incident response procedures. Notably, the requirement to notify affected data subjects within three working days, along with providing detailed information on the breach and remedial actions, has been omitted in the final version.

However, the obligation to notify within 24 hours remains in place for significant data breaches that could jeopardize national security or public interest in China. The specific criteria for defining such a breach, though, have yet to be clarified.

Large Network Platforms

Under the Data Security Regulations, Large network platforms with over 50 million registered users or 10 million active users face special compliance obligations, including:

  • the prohibition of data blocking or discriminatory practices, and
  • the requirement to publish an annual social responsibility report on personal data.

Penalties

The Data Security Regulations are enforceable and carry significant legal consequences for non-compliance. Violations can result in a range of enforcement actions by regulators, including warnings, administrative orders for rectification, suspension of business operations, revocation of licenses or permits, confiscation of illicit gains, and substantial monetary fines. Senior executives and responsible individuals may also face personal liability.

It is important to note that breaching the Data Security Regulations may also constitute violations of other laws, such as the CSL, the Data Security Law, and the PIPL. As a result, violators could face enhanced penalties, including fines of up to RMB 50 million or 5% of the previous year’s turnover, whichever is higher, and in extreme cases, criminal liability.

Join Our Newsletter

Get all the latest information, law updates and more delivered to your inbox


Share


More Stories that May Interest You

Videos

View More

Mitigation OWASP Top 10 for LLM Applications 2025

Generative AI (GenAI) has transformed how enterprises operate, scale, and grow. There’s an AI application for every purpose, from increasing employee productivity to streamlining...

View More

DSPM vs. CSPM – What’s the Difference?

While the cloud has offered the world immense growth opportunities, it has also introduced unprecedented challenges and risks. Solutions like Cloud Security Posture Management...

View More

Top 6 DSPM Use Cases

With the advent of Generative AI (GenAI), data has become more dynamic. New data is generated faster than ever, transmitted to various systems, applications,...

View More

Colorado Privacy Act (CPA)

What is the Colorado Privacy Act? The CPA is a comprehensive privacy law signed on July 7, 2021. It established new standards for personal...

View More

Securiti for Copilot in SaaS

Accelerate Copilot Adoption Securely & Confidently Organizations are eager to adopt Microsoft 365 Copilot for increased productivity and efficiency. However, security concerns like data...

View More

Top 10 Considerations for Safely Using Unstructured Data with GenAI

A staggering 90% of an organization's data is unstructured. This data is rapidly being used to fuel GenAI applications like chatbots and AI search....

View More

Gencore AI: Building Safe, Enterprise-grade AI Systems in Minutes

As enterprises adopt generative AI, data and AI teams face numerous hurdles: securely connecting unstructured and structured data sources, maintaining proper controls and governance,...

View More

Navigating CPRA: Key Insights for Businesses

What is CPRA? The California Privacy Rights Act (CPRA) is California's state legislation aimed at protecting residents' digital privacy. It became effective on January...

View More

Navigating the Shift: Transitioning to PCI DSS v4.0

What is PCI DSS? PCI DSS (Payment Card Industry Data Security Standard) is a set of security standards to ensure safe processing, storage, and...

View More

Securing Data+AI : Playbook for Trust, Risk, and Security Management (TRiSM)

AI's growing security risks have 48% of global CISOs alarmed. Join this keynote to learn about a practical playbook for enabling AI Trust, Risk,...

Spotlight Talks

Spotlight 13:32

Ensuring Solid Governance Is Like Squeezing Jello

Watch Now View
Spotlight 40:46

Securing Embedded AI: Accelerate SaaS AI Copilot Adoption Safely

Watch Now View
Spotlight 10:05

Unstructured Data: Analytics Goldmine or a Governance Minefield?

Viral Kamdar
Watch Now View
Spotlight 21:30

Companies Cannot Grow If CISOs Don’t Allow Experimentation

Watch Now View
Spotlight 2:48

Unlocking Gen AI For Enterprise With Rehan Jalil

Rehan Jalil
Watch Now View
Spotlight 13:35

The Better Organized We’re from the Beginning, the Easier it is to Use Data

Watch Now View
Spotlight 13:11

Securing GenAI: From SaaS Copilots to Enterprise Applications

Rehan Jalil
Watch Now View
Spotlight 47:02

Navigating Emerging Technologies: AI for Security/Security for AI

Rehan Jalil
Watch Now View
Spotlight 59:55

Building Safe
Enterprise AI

Watch Now View
Spotlight 55:55

Accelerate Microsoft 365 Copilot Adoption with Data Governance Controls

Jack Berkowitz
Watch Now View

Latest

View More

Accelerating Safe Enterprise AI with Securiti’s Gencore AI and AI in Databricks

We are delighted to announce new capabilities in Gencore AI to support Databricks' Mosaic AI and Delta Tables! This support enables organizations to selectively...

Navigating the Evolving Data Security Landscape View More

Navigating the Evolving Data Security Landscape: Why Detection Alone Isn’t Enough

Proactive vs. Reactive: Why Threat Detection Alone Falls Short in Data Protection In an era where digital transformation and AI adoption are accelerating at...

Navigating Data Regulations in Malaysia's Financial Sector View More

Navigating Data Regulations in Malaysia’s Financial Sector

Gain insights into data regulations in Malaysia’s financial sector. Learn how Securiti’s robust automation tools help organizations ensure swift compliance with Malaysia’s evolving regulatory...

Copilot Readiness Assessment View More

Copilot Readiness Assessment: Preparing for AI-Powered Tools

Learn how a Copilot Readiness Assessment ensures your organization is prepared for AI integration, covering data governance, security, compliance, and copilot adoption strategies.

Sensitive Personal Information (SPI) View More

Navigating Sensitive Personal Information (SPI) Under U.S. State Privacy Laws

Download the whitepaper to understand how U.S. state privacy laws define Sensitive Personal Information (SPI) and what governance requirements businesses must follow to ensure...

Navigating Data Regulations in the UAE Financial Services Industry View More

Navigating Data Regulations in the UAE Financial Services Industry

Download the whitepaper to explore key strategies and insights for navigating data regulations in the UAE's financial services industry. Learn about compliance with evolving...

Texas Data Privacy and Security Act (TDPSA) View More

Navigating the Texas Data Privacy and Security Act (TDPSA): Key Details

Download the infographic to learn key details about Texas’ Data Privacy and Security Act (TDPSA) and simplify your compliance journey with Securiti.

Oregon’s Consumer Privacy Act (OCPA) View More

Navigating Oregon’s Consumer Privacy Act (OCPA): Key Details

Download the infographic to learn key details about Oregon’s Consumer Privacy Act (OCPA) and simplify your compliance journey with Securiti.

Gencore AI and Amazon Bedrock View More

Building Enterprise-Grade AI with Gencore AI and Amazon Bedrock

Learn how to build secure enterprise AI copilots with Amazon Bedrock models, protect AI interactions with LLM Firewalls, and apply OWASP Top 10 LLM...

DSPM Vendor Due Diligence View More

DSPM Vendor Due Diligence

DSPM’s Buyer Guide ebook is designed to help CISOs and their teams ask the right questions and consider the right capabilities when looking for...

What's
New