On August 20, 2021, the Standing Committee of the 13th National People's Congress passed the Private Information Protection Law or ("PIPL").
In comparison to countries in the West, China has developed its privacy laws over time at a slower pace.
[5][6] Individual privacy, control and consent are consistent themes throughout the law, which lays down key principles including: The law defines the following: All personal information collection and processing must have one of the following legal bases:[7] Unlike in the GDPR, there is no legitimate interests basis.
Consent is a major concern of the PIPL and a key legal basis on which handlers can process personal information.
Handlers are not allowed to refuse to provide products or services if an individual withholds or withdraws their consent for non-essential processing.
[8] Information handlers have several responsibilities, including adopting the following measures to ensure personal information handling conforms to the provisions of laws and administrative regulations, and prevent unauthorized access as well as personal information leaks, distortion, or loss: Impact Assessments are required in a number of situations, including: Agreements are required when a handler entrusts personal data handling to another handler.
Some law firms have suggested this will result in specific standard contractual clauses ("SCC"), similar to in the GDPR.
Notification details must include: Large-scale handlers, such as those "providing important Internet platform services, that have a large number of users, and whose business models are complex" also have the obligations: Moving personal information outside of China is only allowed if one of these conditions is satisfied:[7] All such transfers require each individual's separate consent and notification about "the foreign receiving side’s name or personal name, contact method, handling purpose, handling methods, and personal information categories, as well as ways or procedures for individuals to exercise the rights provided in this Law with the foreign receiving side, and other such matters.