JEAIL > Volume 16(2); 2023 > Issue Focus
Research Paper
Published online: November 30, 2023

China’s Security Assessment Measures for Outbound Data Transfers

Junchao Liu
Xiamen University
No.422 South Siming Road, Xiamen 361005 P.R. China.
Corresponding Author:

ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License ( University Law School, 100 Inharo, Michuhol-gu, Incheon 22212 Korea. / nses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Recently, China has published the “Security Assessment Measures for Outbound Data Transfers,” a crucial regulation on outbound data flows. This regulation contains strong national security considerations and produces independent and direct legal effects compared with other assessment systems in China’s laws. However, there is a possibility that conflict arises between these measures and the international commitments made by China due to the ambiguity in how "critical data" is defined, the excessive emphasis placed on self-risk assessment, and the arbitrary extension of procedures. Particularly, with China's current application to join the CPTPP, the restrictive measures of its cross-border data flow may appear to violate the obligation of CPTPP, but may be justified through CPTPP’s exception clauses. In light of this, it is necessary for China to adopt a more modest approach to balancing data security with the effort made to promote the flow of cross-border data.

Keywords : Security Assessment, Outbound Data Transfers, Critical Data, Risk Self-Assessment, CPTPP

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