publications

The article describes in detail the New Regulations which introduce exemptions to the existing filing obligations for outbound data transfer, including (1) absolute exemptions, which are exemptions applicable to all regulatory procedures for outbound data transfer, and (2) exemptions from the obligation to file a security assessment, i.e., the New Regulations have modified the thresholds mandating the filing of a security assessment and if such thresholds are not met, the data processor still needs to conduct standard contract filing or PI (Personal Information)...

Platform governance has been at the forefront of the tech andmedia world recently, given the rise in cyberbullying, hate speechand other harms online. The aim of the DSA and the PMIPCS isto create a uniform framework dealing with four issues–thehandling of illegal or potentiality harmful online content, the lia-bility of online intermediaries for third-party content, the protec-tion of users’fundamental rights online and the bridging of in-formation asymmetries between the online intermediaries andtheir users. This article compares relevant regulations of thePMIPCS with...

On November 16, 2022, the Cyberspace Administration of China (CAC) issued the revised Administrative Regulations on Internet Comment Threading Services. Just one month later, the 16-article regulations came into force, in which the control obligations of network operators and service providers are specified. More transparency should strengthen the rights of users.

The new rules apply to providers and users of Internet commenting services in China. For purposes of the Terms, “Comment Posting Services” means those services provided by websites,...

As already explained in the first part of the article (China insight 3/2022), regulations on the management of IT algorithms* have far-reaching implications for algorithm service providers, users and the balance between user autonomy and national security. The second part of this article describes the detailed guidance and limitations of the new regulation, which was passed on December 31, 2021, and its impact on businesses.

The full artcile you can find here: China Insight, Wirtschaftsmagazin, 04/2022, P.40-44. (German language)

Daniel Albrecht

China has enacted new regulations on the management of IT algorithms, which have far-reaching implications for algorithm service providers and users, as well as the balance between user autonomy and national security. the Internet Information Services Algorithm Recommendation Management Regulations (IISARM) aim to protect the privacy of citizens and ensure the extraterritorial data transfers. The first part of the article classifies the new regulations and their objectives.

The full artcile you can...

"The IISARM regulations could have broad implications on algorithm service providers, users, and the balance between user autonomy and national security. The new IISARM regulations, like other privacy laws such as the EU GDPR and the German BDSG, are aimed to protect the privacy of those countries’ citizens and to safeguard extraterritorial data transfer. However, the IISARM regulations, in conjunction with the DSL and PIPL, could potentially go one step further since certain requested data must be approved by the Chinese government before it can be obtained in...

The development of big data brings convenience to life but also breeds chaos. The first personal information protection law of PRC was designed to curb collection of excessive personal information and its misuse, which is often a subject of complaints, the law seeks to ensure users' knowledge and consent when their personal data is collected and processed. This article compares relevant regulations of the PIPL with the GDPR with regard to 13 different aspects. From the comparison, we can see that most regulations in the PIPL are similar to those in the GDPR, especially in the context of...

New requests due to the current data protection law of the PR China

In the past few years, data extortion, theft, disclosure and other incidents have been commonplace in China. Data security problems have risen to unprecedented levels and have a direct impact on information security in the country, industry, businesses and individuals. Against this background, the Data Protection Act (DSL) of the People's Republic of China was passed by the Standing Committee of the 13th National People's Congress on June 10, 2021 and officially implemented on September 1, 2021...

Daniel Albrecht , Computer Law Review International (CRi), 05/2021, P.142; publishing house Otto Schmidt

The development of big data brings convenience to life but also breeds chaos. The first personal information protection law of PRC was designed to curb collection of excessive personal information and its misuse, which is often a subject of complaints, the law seeks to ensure users' knowledge and consent when their personal data is collected and processed. This article compares relevant regulation on PIPL with GDPR from 13 aspects. From the comparison, we can see that most...

The Cybersecurity Law of the People’s Republic of China was issued on November 7, 2016, and officially put into effect June 1, 2017. The Cyberspace Administration of China (CAC) has released supportive measures to implement provisions of the Cybersecurity Law . These Draft Measures provide guidelines for cross-border transfer of data, data security assessments, and the protection of data in relation to national and public interest.

In 2017, the CAC published Measures on Security Assessment of Cross-Border Transfer of Personal Information and Important Data. The draft received...