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Personal data across borders — China

Every requirement in the theme as a row, with the provision, the deadline and the supervisor in this jurisdiction.

The question this page answers

We move personal data between the EU, the United States and China, which legal basis, which assessment and which notification applies in each jurisdiction?

Requirement rows

  • Legal basis for the transfer

    Personal Information Protection Law

    art. 38 och 39

    An outbound transfer requires one of three routes: a CAC security assessment, certification or the Chinese standard contract, plus separate consent from the individual.

    Deadline:
    Before the transfer begins
    Penalty:
    Up to CNY 50 million or five percent of the previous year's turnover
    Supervision:
    Cyberspace Administration of China
    Official source

    Read 2026-08-22

  • Assessment before processing begins

    Personal Information Protection Law

    art. 55 och 56

    An impact assessment is required for outbound transfers, sensitive data and automated decision-making, and the record is kept for three years.

    Deadline:
    Before the transfer begins
    Penalty:
    Order to rectify, warning, suspension of the service and a fine
    Supervision:
    Cyberspace Administration of China
    Official source

    Read 2026-08-22

  • Notice and consent

    Personal Information Protection Law

    art. 14, 17 och 39

    Consent is the rule, and separate consent is required for outbound transfers, sensitive data and sharing with third parties.

    Deadline:
    Ongoing, for as long as the processing continues
    Penalty:
    Up to CNY 50 million or five percent of the previous year's turnover
    Supervision:
    Cyberspace Administration of China
    Official source

    Read 2026-08-22

  • Individual rights

    Personal Information Protection Law

    art. 44 till 50

    Rights to know, to decide, to restrict, to obtain a copy, to correct, to delete and to be given an explanation of the processing rules.

    Deadline:
    Without delay, no fixed deadline in the statute
    Penalty:
    Up to CNY 50 million or five percent of the previous year's turnover
    Supervision:
    Cyberspace Administration of China
    Official source

    Read 2026-08-22

  • Personal data breach

    Personal Information Protection Law

    art. 57

    Immediate measures are taken and the authority and individuals are notified. Notice to individuals may be withheld where measures prevent harm.

    Deadline:
    Immediately, with further deadlines in the network data regulations
    Penalty:
    Order to rectify, warning, suspension of the service and a fine
    Supervision:
    Cyberspace Administration of China
    Official source

    Read 2026-08-22

  • Supervision and penalty

    Personal Information Protection Law

    art. 66

    The authority may order rectification, withdraw permits and impose fines, and responsible individuals may be held personally liable.

    Deadline:
    No deadline stated
    Penalty:
    Up to CNY 50 million or five percent of the previous year's turnover
    Supervision:
    Cyberspace Administration of China
    Official source

    Read 2026-08-22

Connections

Sources and review

Register version crossover-v1.0.0 · Read 2026-08-22

This page restates written law with the provision and the official source. It is not legal advice in an individual matter.

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