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WITSA Signs Global Industry Letter on Draft Data Transfer Assessment Measures from Cyberspace Administration of China

December 1, 2021

WITSA today signed a Global Industry Letter regarding the draft Security Assessment Measures for Cross-border Data Transfers recently issued by the Cyberspace Administration of China (CAC).  

The attached letter underscores the benefits of cross-border data transfers to China’s economy and governmental policy objectives. The letter also makes several procedural and substantive recommendations to the CAC.

The ability to transfer data securely across transnational digital networks is of central importance to the national policy objectives of many countries, including China. Data transfers support COVID-19 recovery, digital connectivity, cybersecurity, fraud prevention, anti-money laundering, and other activities relating to the protection of health, privacy, security, and regulatory compliance.

To avoid prejudicing these priorities, WITSA and our partners respectfully submit that the draft Data Transfer Assessment Measures should: (1) not impose greater restrictions on data transfers than necessary; (2) afford equal treatment to Chinese and foreign enterprises, services, and technologies; and (3) be administered in a uniform, impartial, and reasonable manner with a view to ensuring non-discriminatory and streamlined approvals.

The letter is in accordance with established WITSA policy principles. For further information, see our Statement of Policy on Restrictions of the Free Flow of Information Across Nationality/Regional Borders.

The letter is the third in a series of letters that global associations have shared with Chinese authorities in relation to the data transfer aspects of China’s draft Personal Information Protection Law, China’s draft Data Security Law, and China’s Cybersecurity Law.  The two prior global industry statements can be found here and here.