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On 28 May 2019, the Cyberspace Administration of China ("CAC") released the draft Data Security Management Measures for public comments (the "Draft Measures"). The Draft Measures are basically consistent with China's relevant existing guidelines and national standards. However, they are more stringent in some aspects.
The Draft Measures consist of 5 chapters and 40 articles in total, with a view to strengthening the network operators' obligations in data collection, storage, transmission, process and use, as well as enhancing personal data protection by the following notable measures:
- Data collection rules should be accessible, obvious and reader-friendly to the user;
- The collection of personal information of a minor under the age of 14 shall be subject to consent of their guardians;
- Discrimination against the users on the basis of whether they consent to information collection and the scope of consent is not allowed;
- Network operators that collect sensitive personal information and/or important data for "business operations" are required to file with the local CAC (which filing information includes the rules for collection and use, but excludes the personal data itself);
- Web-crawling may not hinder the normal operation of the websites;
- The network operator should clearly indicate the words "Directional Pushing" in an obvious way and provide users with the function of stopping directionally pushed information; and
- The network operator shall seek approval from relevant regulatory authorities before sharing or transferring important data outside of China.
Please note that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only
intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice.
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Rajah & Tann Singapore LLP
Shanghai Representative Office
Unit 1905-1906, Shui On Plaza,
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Contacts: Chia Kim HuatPartnerD +65 62320464kim.huat.chia@rajahtann.comLinda QiaoHead, Shanghai OfficeD +86 21 6120 8818F +86 21 6120 8820linda.qiao@rajahtann.com| Rajah & Tann Asia is a network of legal practices based in Asia. |
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