Beijing Releases First Scenario-Based Negative List for Data Cross-Border Flows in Beijing Pilot FTZ

english.beijing.gov.cn
2024-09-14

The Management List (Negative List) of Data Cross-Border Flows in the China (Beijing) Pilot Free Trade Zone (2024) and the Management Measures for the Negative List of Data Cross-Border Flows in the China (Beijing) Pilot Free Trade Zone (Trial) (the "Negative List" and "Management Measures" for short) were released on August 30. The Negative List is notable as it is the first to be created based on specific scenarios and fields related to cross-border data flows.

Cross-border data flow serves as the foundation for exchanging and sharing global resources like capital, information, technologies, talents, and goods. It has become a key link in optimizing the allocation of international resources. The release of policy documents such as the Negative List reflects a remarkable advancement in the reform of cross-border data flow facilitation services in Beijing.

The Negative List outlines the applicable situations for relevant industries. It provides a detailed list of data that must undergo security assessments for cross-border flows and outlines the data requiring standard contract filings for cross-border personal information flows and certification for protecting cross-border personal information flows. Data that falls outside the Negative List is exempt from prior supervisory procedures for cross-border data flows. This enables enterprises to address their reasonable and necessary cross-border data flow needs to the fullest extent.

Initially, the Negative List is designed to apply to five sectors: automobiles, medicine, retail, civil aviation, and AI. Moving forward, the dynamic management mechanism will support the development of the list based on industries, sectors, and batches. A new list will be released whenever an industry or sector has established mature regulations. The Negative List policy framework will undergo continuous optimization and updates.

The Negative List for the China (Beijing) Pilot Free Trade Zone and policy documents and service guidelines for streamlined services and management in Beijing have been officially released on platforms, including the public platform of Cyberspace Administration of Beijing Municipality (Wangxin Beijing) and Beijing Municipal Commerce Bureau (Kaifang Beijing). This allows enterprises to browse and download these documents and guidelines online. Up to now, Beijing has assisted 47 enterprises, including Audi, Bayer, China Minsheng Bank, DataOcean AI, and LG in obtaining approval for national security assessments related to cross-border data flows. Moreover, 167 enterprises have completed standard contract filings for cross-border personal information flows. The city's diversity and success rate of cross-border data flows place it among the top ranks in China.

(Source: Beijing Daily)


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