By Susan Ning, Han Wu, Yangdi Zhao King & Wood Mallesons’ Commercial & Regulatory group.
China’s national legislature on March 15, 2017 passed the General Provisions of the Civil Law (the “General Provisions”), the opening chapter of a civil code planned to be enacted in 2020. The General Provisions were adopted at the closing meeting of the annual session of the National People’s Congress (NPC), with 2,782 of the 2,838 deputies present voting in favor. It takes effect on Oct 1, 2017.
Article 111 of the General Provisions stipulates the rules for the protection of personal data, which is believed to be one of the highlights of the General Provisions. The protection of personal data was first included in Article 109 of the Second Draft of the General Provisions of the Civil Law (the “Second Draft”) on October 31, 2016, aiming to curb the prevalent illegal collection, processing and trading of personal data in the Internet era. Article 109 of the Second Draft provides that “[T]he personal data of individuals is protected by law. Entities and individuals are prohibited from collecting, utilizing, processing, transmitting personal data illegally or supplying, making public or selling personal data illegally.”
Continue Reading China’s Step Forward to Personal Data Protection