On August 30, 2024, the Beijing Municipal Internet Information Office, Beijing Municipal Commerce Bureau, and the Beijing Municipal Government Services and Data Administration Bureau jointly issued the 2024 edition of the Data Export Management List (Negative List) for the Beijing Pilot Free Trade Zone, along with corresponding Administrative Measures.
These Administrative Measures provide guidelines for 13 categories and 41 subcategories of data, streamlining the classification of important data. The Negative List identifies five key industries—automotive, pharmaceutical, retail, civil aviation, and artificial intelligence—as critical for cross-border data transfers, detailing 23 business scenarios and 198 data elements specific to these sectors. In certain cases, the thresholds for requiring a security assessment, filing of the standard contract for cross-border transfers (SC), or certification for personal information protection have been relaxed. The list will be updated as necessary.
Entities Subject to the New Administrative Measures
The Administrative Measures and the Negative List apply to any data handlers registered within the Beijing Pilot Free Trade Zone.
Key Categories of Important Data
Data handlers managing the following categories of data within the Beijing Pilot Free Trade Zone will be subject to stricter regulation:
Personal data of more than 10 million individuals (excluding sensitive personal information);
Sensitive personal data involving more than one million individuals;
Certain highly sensitive personal data (e.g., relating to bank accounts, insurance, or health records) for more than 100,000 individuals;
Personal information of over 100,000 individuals managed by entities recognised as critical information infrastructure (CII);
High-value data related to industry competitiveness and national security;
Supply chain data linked to national security;
Automated control system parameters, test data, and other critical operational data.
Cross-border Data Transfers Procedure
Data handlers wishing to transfer data based on the Negative List must submit specific documentation through the Beijing Municipal Data Cross-border Transfer Facilitated Service Platform. The local department of the Pilot Free Trade Zone will review the application within five business days. If the transfer falls under the Negative List, additional procedures such as security assessments or SC filings may be required.
Retail and Modern Service Industry: Relaxed Thresholds for Membership Data
For the retail and modern service industry, the Negative List eases thresholds for cross-border transfers related to membership management. For example, data transfers exceeding five million customers' personal information or one million customers' sensitive personal information now require a security assessment. Lesser volumes still require SC filings or certification.
Automotive Industry: Data Considered Critical
In the automotive sector, thresholds for security assessments or SC filings remain strict. Important data in this industry includes:
Geographic data involving sensitive regions;
Vehicle and logistics data reflecting economic performance;
Key telematics and out-of-vehicle video data, including information related to cybersecurity risks for critical systems.
Medical Industry: New Categories of Sensitive Data
In the medical sector, the Negative List identifies important data categories such as:
Medical data related to more than 100,000 individuals, including medical records and health information;
Data on key medical supplies and pharmaceutical experiments;
Certain genetic data and biometric information.
Data transfers involving more than 50,000 individuals now require a security assessment, while smaller transfers between 10,000 and 50,000 individuals necessitate SC filings.
Civil Aviation Industry: Updated Requirements for Personal Data Transfers
In the civil aviation industry, the Negative List defines important data such as flight recorder information and aircraft monitoring data. Cross-border transfers of more than five million individuals' personal information now trigger a security assessment, while transfers between 50,000 and five million individuals require an SC filing or certification.
Artificial Intelligence Industry: Cross-border Transfers and Critical Data
For the AI sector, the Negative List identifies sensitive data related to industry competitiveness and R&D, particularly content that could impact national security if leaked. For instance, cross-border transfers of more than 50,000 individuals' voice or image data now require a security assessment, while smaller transfers trigger SC filings.
These newly updated Administrative Measures and the Negative List streamline the process for cross-border data transfers within the Beijing Pilot Free Trade Zone, offering clarity on critical data elements and industries subject to stricter regulation. The relaxed thresholds in certain industries aim to facilitate smoother compliance, while safeguarding sensitive data remains a priority.
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