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Shenzhen Special Economic Zone

Summary

Law: Shenzhen Special Economic Zone Data Regulations (only available in Chinese here) ('the Regulations')

Regulator: The Municipal Internet Information Department

Summary: The Shenzhen Special Economic Zone is one of China's special economic zones which aims to develop economic cooperation and technical exchanges with foreign countries and to promote the socialist modernisation program. Enterprises and individuals in the special zones must abide by the laws, decrees, and pertinent provisions of the People's Republic of China. However, where specific provisions are provided for in additional regulations they must also be observed accordingly.

On 6 July 2021, the Regulations were passed by the Standing Committee of Shenzhen Municipal People's Congress and will enter into effect on 1 January 2022. The Regulations will govern data processing and data sharing activities, as well as establish requirements for data security and data management by personal information processors. The Regulations represent the first regional data protection legislation in China.

Insights

In China, the federal legislation is only part of the picture, with knowledge of recent regional laws also necessary for a full understanding of the data privacy landscape across the country. OneTrust DataGuidance provides an overview of various developments in this area.

The Standing Committee of Shenzhen Municipal People's Congress announced, on 7 July 2021, that the Shenzhen Special Economic Zone Data Regulation ('the Regulation') was adopted by the second meeting of the Standing Committee of the Seventh Shenzhen Municipal People's Congress on 29 June 2021. The Regulation entered into effect on 1 January 2022. OneTrust DataGuidance breaks down its key provisions and obligations, which are unique to the Regulations.

Beyond the high-profile federal data protection reforms currently being made in China, there are also significant legislative developments happening at the local level; namely, in the Shenzhen Special Economic Zone. Galaad Delval, Data Protection Officer at Chen & Co. Law Firm, discusses this development and its future prospects.