Hunton companion Dora Luo publishes “China: The Draft PIPL and the GDPR – A Comparative Perspective”

In the February 2021 edition of the Data Protection Commissioner, Hunton partner Dora Luo discussed China’s draft Personal Data Protection Act (“Draft PIPL”) (in Chinese) in the context of other comprehensive data protection frameworks such as the EU General Data Protection Regulation (“GDPR”).

The article examines the PIPL draft in the context of advanced technologies that have accelerated the collection of personal information more often than before. The PIPL draft marks the introduction of a comprehensive system for the protection of personal data in China that not only contains or replaces rules that are already enshrined in other Chinese laws, but also takes inspiration from the GDPR.

Dora Luo addresses several key issues in the PIPL draft by performing a comparative analysis of the PIPL draft and the GDPR. The article describes how organizations can appropriately adjust their processing activities to prepare for compliance. In particular, it focuses on the following points:

  • Key definitions;
  • Scope;
  • legal reasons for processing personal data;
  • Data protection principles;
  • Rights of data subjects;
  • Obligations of the data processors;
  • cross-border transfer of personal data; and
  • legal obligations.

Read the full article.

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