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What You Need to Know About China's New Privacy Law
The Personal Information Protection Law of the People's Republic of China (PIPL) went into effect on Nov. 1 and brought with it a suite of new requirements and lingering questions. Organizations already complying with the European Union's General Data Protection Regulation (GDPR) will find familiar many requirements of the PIPL, but GDPR veterans and newcomers will both need to pay close attention to the unique privacy rules of the most populous country in the world. This article touches upon a few of the points that organizations need to be aware of as they begin adapting their compliance programs according to the PIPL.
The PIPL uses its own terminology that is similar to words and phrases utilized heavily in the GDPR. For example, the PIPL refers to "personal information handlers" as organizations and individuals that, in personal information handling activities, autonomously decide handling purposes and handling activities. Those familiar with GDPR will see the similarities between the PIPL's "personal information handlers" and the GDPR's "data controllers."
Like the GDPR requires of data controllers, the PIPL requires that data handlers have a valid legal basis to collect personal information. Consent is key unless the data collection is necessary to fulfill a contract with the individual or certain other conditions are met. But limitations on data collection are only the beginning for PIPL compliance, as the law imposes a variety of additional burdens on businesses interested in the Chinese market.
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