Cross-border Transfer of Employees' Personal Information Becomes Easier in China

Article by CNBW member
CMS, China

In China, many foreign invested companies, especially multinational companies, need to transfer some information about their employees to overseas global headquarters for human resource management purpose. Since such information is mostly personal related, with the effectiveness of the PRC Law on  Protection of Personal Information on 1 November 2021, the transfer of such employees’ personal information abroad became difficult. Based on common understanding of the PRC Law on Protection of Personal Information in the past, the transfer of employees’ personal information abroad needs specific consents of the employees, and companies shall also fulfill administrative requirements such as adopting security assessment as required by the national cyberspace authority, getting personal information protection certification as issued by a qualified professional institution, or signing a standard contract with  overseas recipient as formulated by the national cyberspace authority, etc.

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Contact:
Jeanette Yu
Partner, Head of Employment & Pension Practice Area Group
CMS, China
Jeanette.Yu@cmslegal.cn
CMS in China - International Law Firm