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China's PIPL & DSL

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Privacy Law Type

On 13 October 2020, the National People's Congress of the Republic of China submitted the long awaited draft of the Personal Information Protection Law (Draft PIPL) to the Standing Committee meeting for preliminary review. This draft was officially released for the public consultation on 21 October, 2020. The consultation period will last until 19 November 2020.

The Daft PIPL contains 70 articles and hefty fines for non compliance, once it comes into force. This will be China's first comprehensive law on the protection of personal data. This draft law aims to protect individuals' rights and interests, regulate personal information processing activities, safeguard the lawful and orderly flow of data, and facilitate reasonable use of personal information. It is intended that the Draft PIPL, once enacted, will work with China's Cybersecurity Law to establish a comprehensive regulatory framework related to data in China.

The solution

SECURITI.ai enables organizations to comply with China's Personal Information Protection Law through AI-driven PI data discovery, DSR automation, documented accountability, enhanced visibility into data processing activities, and AI-driven process automation.

securiti dashboard

SECURITI.ai supports enterprises in their journey toward compliance with China's Draft PIPL through automation, enhanced data visibility, and identity linking.

See how our comprehensive PrivacyOps platform helps you comply with various sections of China’s Draft PIPL.


 

Customize a data subject rights request portal for seamless customer care

 

Create customized web forms according to your brand image with the DSR request format and accept verified data subject rights requests. Automate the initiation of fulfillment workflows when verified requests are received.

dsr portal
dsr handling

Automate data subject access request handling

Draft PIPL Articles: 45, 48

Data subjects need to be notified about their data privacy rights and organizations are required to simplify the initiation of verified DSR requests. The automation of the delivery and generation of secure data access reports will greatly reduce the risk of compliance violations and reduce the workforce required to comply with all the requests.

Secure fulfillment of data access

Draft PIPL Articles: 45,49

Disclosure of information to the data subjects within a limited time frame of receiving a verifiable data request is a must for any organization looking to comply. This will be free of charge and delivered through a secure, centralized portal.

data access request
data rectify request

Automate processing of rectification requests

Draft PIPL Article: 46

With the help of automated data subject verification workflows across all appearances of a subject’s personal data, you can seamlessly fulfill all data rectification requests.

Automate erasure requests

Draft PIPL Article: 47

Fulfill data subject’s’ erasure requests, swiftly, through automated and flexible workflows.

data erasure request
personal data monitoring tracking

Continuous monitoring and tracking

Draft PIPL Articles: 13, 50, 53

Keep track of risks involved by continuously scanning and monitoring data against non-compliance to subject rights, security controls, or data residency.

Automate People Data Graph

Draft PIPL Articles: 50, 51
Discover personal information stored across all your internal and external systems within the organization and link them back to a unique data subject. Also, visualize personal data sprawl and identify compliance risks.

personal information data linking
cookie consent

Meet cookie compliance

Draft PIPL Articles: 14,15, 16, 17

Automatically scan the web properties within your organization, categorizing tags, and cookies. Also, build customizable cookie banners, collect consent, and provide a preference center.

Monitor and track consent

Draft PIPL Articles: 14, 15, 16, 30

Track consent revocation of data subjects to prevent the transfer or processing of data without their consent. Seamlessly demonstrate consent compliance to regulators and data subjects.

consent preference management
Assess GDPR readiness

Assess China’s Draft PIPL readiness

Draft PIPL Articles: 5,6,7, 38, 50,51,52, 53, 54

With the help of our multi-regulation, collaborative, readiness, and privacy impact assessment system, you can gauge your organization's posture against China’s Draft PIPL requirements, identify the gaps, and address the risks. Seamlessly being able to expand assessment capabilities across your vendor ecosystem to maintain compliance against China’s Draft PIPL.

Map data flows

Draft PIPL Articles: 50, 51

Track data flows in your organizations, trace this data, catalog, transfer, and document business process flows internally and to service providers or third parties.

map data flows
manage vendor risk

Manage vendor risk

Draft PIPL Articles: 24, 38, 50, 52

Keep track of privacy and security readiness for all your service providers from a single interface. Collaborate instantly with vendors, automate data requests and deletions, and manage all vendor contracts and compliance documents.

Breach Response Notification

Draft PIPL Article: 55

Automates compliance actions and breach notifications to concerned stakeholders in relation to security incidents by leveraging a knowledge database on security incident diagnosis and response.

breach response notification

Key Rights Under China’s Draft PIPL

Right to Access: Individuals have the right to access and copy their personal information from personal information handlers. Individuals also have the right to request personal information handlers explain personal information handling rules.

Correction: Where individuals discover their personal information is incorrect or incomplete, they have the right to request personal information handlers correct or complete their personal information.

Right to limit/refuse: Individuals have the right to know and the right to decide relating to their personal information and have the right to limit or refuse the handling of their personal information by others.

Consent: Data cannot be processed without obtaining explicit consent from the individuals.

Deletion: Individuals have the right to request personal information handlers to delete their personal information if the agreed retention period has expired, individuals rescind their consent, personal information is being handled in violation of the law, and where the personal information handlers cease the provision of services or products.

Facts related to China’s Draft PIPL

1

The Draft PIPL extends its territorial scope to the processing of personal information conducted outside of China, provided that the purpose of the processing is

(i) to provide products or services to individuals in China,
(ii) to “analyze” or “assess" the behavior of individuals in China, or
(iii) for other purposes to be specified by laws and regulations.

2
The Draft PIPL imposes separate notice and consent obligations on processing entities for cross-border transfer of personal information.
3
Fines of up to 50 million Yuan, or 5% of annual revenue will be imposed on serious non-compliance.
4
China’s Draft PIPL is in public consultation till 19 November 2020.
5
Personal information handlers are required to establish mechanisms to accept and handle applications from individuals to exercise their rights.
6
In the event of a data breach, the Draft PIPL requires processing entities to take “immediate” remediation actions and notify the Competent Agency and the affected individuals.

On June 10, 2021, China's National People’s Congress Standing Committee passed the Data Security Law (the “DSL”) in order to standardize data processing activities, ensure data security, promote data development and utilization, and protect the legitimate rights and interests of individuals and organizations.

The DSL applies to the data processing activities and their security supervision within the territory of China. It also regulates data processing activities conducted outside of China that harm China’s national security or the public interest, or the legal interests of citizens and organizations in China. The DSL primarily focuses on data security and lays out a number of obligations for organizations regarding data categorization and classification, data risk controls, contingency responses for data security, and data export controls.

The DSL is said to become effective on September 1, 2021, leaving less than three months for companies to adapt to the new data security law.

The solution

SECURITI enables organizations to comply with the DSL through AI-driven PI data discovery, DSR automation, documented accountability, enhanced visibility into data processing activities, and AI-driven process automation.

securiti dashboard

SECURITI supports enterprises in their journey toward compliance with the DSL through automation, enhanced data visibility, and identity linking.

See how our comprehensive PrivacyOps platform helps you comply with various sections of DSL


 

Customize a data subject rights request portal for seamless customer care

With the DSR request format, create customized web forms according to your brand image and accept verified data subject rights requests. Automate the initiation of fulfillment workflows when verified requests are received.

dsr portal
personal data monitoring tracking

Continuous monitoring and tracking

Articles: 8, 12, 30, 32

Keep track of risks against non-compliance to the DSL requirements by continuously monitoring and scanning data.

Assess DSL readiness

Articles: 2, 3, 4, 8, 27, 29, 32, 34

Measure your organization's posture against the DSL requirements with the help of our multi-regulation, collaborative, readiness, and data protection assessment system. Seamlessly expand assessment capabilities across your vendor ecosystem to maintain compliance against the DSL requirements.

Assess GDPR readiness
map data flows

Map data flows and generate reports

Articles:7, 30, 33

Track data flows in your organizations, trace this data, catalog, transfer, and document business process flows internally and to service providers or third parties.

Manage vendor risk

Articles: 30, 33

Track, manage, and monitor privacy and security readiness for all your service providers from a single interface. Collaborate instantly, automate data requests and manage all vendor contracts and compliance documents.

manage vendor risk

Key Rights Under China’s Draft PIPL

Right to Access: Individuals have the right to access and copy their personal information from personal information handlers. Individuals also have the right to request personal information handlers explain personal information handling rules.

Correction: Where individuals discover their personal information is incorrect or incomplete, they have the right to request personal information handlers correct or complete their personal information.

Right to limit/refuse: Individuals have the right to know and the right to decide relating to their personal information and have the right to limit or refuse the handling of their personal information by others.

Consent: Data cannot be processed without obtaining explicit consent from the individuals.

Deletion: Individuals have the right to request personal information handlers to delete their personal information if the agreed retention period has expired, individuals rescind their consent, personal information is being handled in violation of the law, and where the personal information handlers cease the provision of services or products.

Facts related to DSL

1

The DSL will go into effect on 1st September 2021.

2

Under the DSL, cross-border transfer of important data is to be treated by critical information infrastructure (“CII”).

3

Service providers are required to obtain licences for relevant data processing services.

4
Violators of DSL may face fines of no less than 100,000 yuan ($15,660) but no more than one million yuan.
5
The DSL will apply to data recorded in electronic and other forms.