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Hong Kong: PDPD issues statement on entry into effect of Chinese standard contracts measures for data transfers

On May 31, 2023, the Privacy Commissioner for Personal Data (PCPD) issued a statement on the entry into effect of the Chinese Standard Contract Measures for Exporting Personal Information on June 1, 2023. The PCPD reminded local enterprises and organizations which conduct business in Mainland China, especially enterprises and organizations which transfer personal information out of Mainland China on a smaller scale, such as small and medium-sized enterprises, that if the conditions prescribed in the measures are met, they may need to enter into a standard contract and file the contract with the local Cyberspace Administration before effecting the transfer of personal information.

Additionally, the Privacy Commissioner for Personal Data, Ada CHUNG Lai-ling, highlighted that, "While the relevant enterprises or organizations may take steps to rectify the situation within six months, namely, on or before November 30, 2023, since the measures take effect, it is advisable that early steps be taken by them to assess the impacts on their cross-border transfers of personal information. They should also take timely follow-up actions and seek professional advice if necessary, so as to comply with the relevant requirements of the Measures."

The PCPD highlighted that personal information processors must enter into a standard contract strictly in accordance with the template standard contract appended to the measures, and must file the contract with the local Cyberspace Administration within 10 working days of the effective date of the contract.

You can read the PCPD's press release here, the measures and the template standard contract here, and the Cyberspace Administration of China's (CAC) standard contract guide here, both only available in Chinese.