Data Security Law of the People's Republic of China
The Data Security Law of the People's Republic of China (Chinese: 中华人民共和国数据安全法; pinyin: Zhōnghuá rénmín gònghéguó shùjù ānquán fǎ; referred to as the Data Security Law or DSL) governs the creation, use, storage, transfer, and exploitation of data within China. The law is seen to be primarily targeted at technology companies which have grown increasingly powerful in China over the years.[1] The law is part of a series of interlocking but related national security legislation including the National Security Law of the People's Republic of China, Cybersecurity Law and National Intelligence Law, passed during Xi Jinping's administration as part of efforts to strengthen national security.[2][3]
See also: Cybersecurity Law of the People's Republic of China, National Intelligence Law of the People's Republic of China, and National Security Law of the People's Republic of ChinaData Security Law of the People's Republic of China
Data Security Law of the PRC (English)
People's Republic of China but excludes China's Special Administrative Regions.
June 10, 2021
September 1, 2021
Background[edit]
In 2018, the United States adopted the CLOUD Act, which allows United States law enforcement to obtained data stored by United States-based companies outside of the United States.[4]: 248 Numerous countries responded with measures to keep data located in their own borders.[4]: 248 In China, the Data Security Law was part of the response to the extraterritorial reach of the CLOUD Act or similar foreign laws.[4]: 250–251
Reactions[edit]
Carolyn Bigg of law firms DLA Piper Hong Kong stated that the law represents: “another important piece in the overall data protection regulatory jigsaw in China”, making it: “complex" and "increasingly onerous" for international businesses to navigate through.[1] Chinese technology company stocks fell in reaction to the passing of the law while tech companies such as Meituan, Alibaba and Ant Financial were all placed under regulatory scrutiny prior to its passing. The law is seen to have wide-ranging implications and is seen as another step in the increasing lawfare between China and the United States in areas of trade, intellectual property and national security since the beginning of the US-China trade war which began in 2016.[8]