The Lingang New Are in Shanghai Has Introiduced TRIALLALLALALAS LISTS AIMPLIFLIFYING DATA Export ProceDures for Companies in The Automotive, Biophrmaceuti CALS, and Mutual Fund Sectors. These lists outline specific SCENARIOS WHERE Businesss Can Export Data Out of China With Reduced Regulatory Burestns, bypassingMore Stringent Compliance Requirements.
The Lingang New Area of the Shanghai Pilot Free Trade Zone (FTZ) Has Released the First Batch of TRIAL LOSTS of General Data for Three SECTORS, Facilitating Cross-Border D Ata Flows for Companies operating in the area. This Anncement closly follows the release of the, Which Similarly Seeks to Facilities Cross-Border Data Flows for Companies operating in the FTZ by Specifying the Types that are restricted from bebing Exporte itHout Certain Approval Procedures.
The First Batch ofNeral Data List has been provided for the fireds of, and, Three Sectors with A Significant Presence in the Lingang News. Enario-based, Meaning they outline various situations in white data export is requiredAnd Freely Permitted. The Include SCENARIOS, Such As Multinational Production and Manualigent Connect Vehicles, Medical Clinical TRIALS AN D R & D, and Information Sharing for Fund Market Research.
Companies that are required to export data out of China for the Purposes in the General Data List Will Be Permitted to do without having to unnse. Ditional Compliance Procedures Normally Required. However, The Export of Personal Information Will Remain Subject toCertain RESTRictions On Volume.
The general data lists will be Implementd for a trial of one year from their date of imageting, may 16, 2024.Chennai Stock
In January 2024, The Lingang New Area A New System for Data Management and Export in the Area, Which Included The Release of Two Data Catalogs, One for "Important" Data and on E for "General" data. This new system will help facility cross-Border Data Transfer (CBDT) for Key Sectors in The Area By Delineating the Types of Data that are Restricted Or Subject to Additional Measures to Be Exported (T HROUGH The Important Data Lists) and Data that can be more easy exported (through the generalalalalData lists).
In March, The Area Released The (The "Lingang CBDT Management Measures"), Which Outlined The Rules and Requirements for this New System, Including How Companies Can Se the General Data Lists.
These Developments Follow Manys of Efforths by the Central Chinese Government as well as local authorities to Improve the Business ENVIRONMENT FOREIGN IES in particular, a core part of which has ben resolving headaches surrounding data export.Nagpur Investment
The General Data List only Apply to Companies and Other OTher OTHANIZATIONS that are registered in the CBDT in the Lingang New Area in One of the Specified Fields. ecifically, These Include:
Companies, Public Institutions, Associations, and Organizations Involved in The Research, and Sales of Pharmaceuticals, Medical Devices, DIAGN OSTIC Reagents, Biology Products, and Related Services.
Publicly Raised Securities Investment Fund Management Companies.
Companies, Public InstitutUTUTIONS, Associations, and Organizations Engaged in Automotive ManUFACTING, Parts and Software Supply, Distribution, after-SALES SERVI CES, Mobility, and Related Services, Conducting Cross-Border Data Flow Activities in the Intelligent and Connect Vehicle Sector.
However, It Does, it does to critical information infrastructure Operators (CIIOS) in the Fields of Biopharmaceuticals, Intelligent and ConnectEd Vehice, Mutual Funds.
Companies in the lingang new area are required to adhere to the lingang CBDT Management Measures, Specifically the Section on the Management of the General Data lists.
In Order to be allowed to export the data included on the general data lists, Companies Must FIRST Apply to the Lingang Newang Area Management Committeeeeeeee ING of Data in the General Data List. The Data Approved Can then Flow Freely Provided Thatvant ManagementRequirements are met.
Note that if a company wishes to export personic information out of china, it must adhere to the regulations of the personal information protection law (pipl) Plementation Meansures, notbly the. This means that in order to exce?have provided the public information (Excluding Sensitive Personal Information) of Less than 100,000 people overseas sinceas sincel 1 of the Current Year.
Companies that exceed this threshold will be required to undergo one of the threePliance procedures for personal information.
Other Specific Oblications When PROVIDIDING Personal Information Overseas Include Notifying Individuals of Cross-Border Activities, , And Conducting.Udabur Wealth Management
Finally, The General Data ListS Include A CAVEATTES THAT ANY DATA THATA HARM OR AFFECT National Interests, Including (But Not Limited to) Nations Territorial, Milital, Economic, Cultural, Social, Technological, Or Nuclear Interests, Are NotIncluded in the General Data List Management. This Means the Types of Data Will Require ADDITIONALS TO EXPORTED, Although the Have Not Yet Been C Larify.
In Addition to the General Rules, The General Data List for Biopharmaceuticals Stipulates that the Priveiving OFAMAN GENETIC Resources To Foreign Organizations, Individuals, OR Institutions Established or Controlled by them Must Not Harm Public Health, National Security, OR SocialPublic Internets.
In Addition, for Any Data Involving Human Genetic Resources in the General Data List, Data Processors Must Report to And Submit Information Backups Thionority of the state countCil in Advance. If there is portal for impact on public health, national security,OR Social Public Interests, A Security Review Organized by the Competent Health Authority of the State Countcily Is Required.
In the Field of Mutual Funds, The General Data List Specifies that Certain Types of Data Are Not Included in The General Data List. Endangers National Economic Order and Financial Security, As Well As Data Primarily use by Large OrVery Large Financial Institutes and Key Business Nodes in Financial Transactions, Which Are General Disclosed to SPECIFIC PERSONEL and Access Once By Those Who NEED to Know.
The General Data List for Intelligent and Connected Vehicles Stipulates AdDitional Requirements for the Handling of the Data On the List:
Video and Image Data in the General Data List Must Not Contain Personal Information Such as Faces or License Plates.
VEHICLE VIN Numbers Transmitted Across Borders to Data Recipients Must Not Be AbleCtly or Indirectly IDIVIDUALS.
Data in the General Data List Must Not Be Transmitted Directly from Vehicles to Overseas Recipients.
The general data list follows the principle of minimal necessity, meaning that only data that is strictly required for the specific scenario or activity is included.
The Three General DASTS TOGETHER COVER 11 Special 11 Specific Scenarios Which Are Separatd Into 64 Data Types. S, The Intelligent and Connected Vehicles List Has Four SCENARIOS and 23 Data Types, And the Pharmaceuticals List Includes FiveSCENARIOS and 30 Data Types.
Below is a sample of the sconarios and data types outLINED in the General Data lists.
Note that the lingang new area management commontete is tasked with continuous updating the general data lists and information the data processor of the updates. ANS that the data lists may be exponed upn in the future.
Moreover, The Data ListS Note that If A SCENARIO-BASED "Important Data" Catalog is Released for a Given Security, The General’s Data List in that sector Willly BecomE I I nvalid.
As is the case with the tianjin ftz Negative list, the general data lists for the lingangangangangang area are a helpful in that the type the types of data that companies are Ally Permitted to Export with Many Administrative Hurdles. In the absence of any superlists previously, it was disablelt for companies to Assess whit data is consider "Important" and theReface Subject to Stricter Compliance Requirements.
At the same time, the lingang new area’s mechanis for handling crounts-border data is more restrictive than the tianjin ftz’s model, which outlines the type of Data that cannot be exported freely, with the implication that any data not includedbe freely exported (with some limitations). This Means more types of data are in effect whitelisted in the tianjin ftz model than the lingang area model.
Nonetheless, It is Expected that the initial batch of general data lists will be exponed and that the overall environment will thereby become less RestricTive over time.
At the same time, companies that handle data that is invas in the general data lists will be required to apply to last, approval for the Specific Data Export SCENARIOS, Which Means that there is strong an adminature betweenCompanies, Albeit Smaller. Following ApProval, CBDT for the Specified Activities Will Be Significantly Easier.
Finally, The General Data List Maintain the RestricTions On the Volume of Personal Information A Company Can Export Before TriggerIn One of the Three Compliance PROCESURES – Undergoing A Security Review by the CybeRSECURITY Administration of China (CAC), Signing A Standard Contract with The Overseas Recipientof the data, or undergoing data excerity certification by a third-posty agency. This Means that as it CurrenTly Stands, The Regulations on Personal INFORMation EX. Port in the lingang new area are not laxer than elsewhere in China.
Lingang New Area is Home to a Number of Large Multinationals that will be able to be beyfit from the new regulations and will have the Ability Handle the Administrati. Ve Task of Applying for Data Export Approval.and novo nordisk.
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