Cross-border Data Transfer: Compliance and Best Practices

Dear Members and Friends of SwissCham,

The transfer of data from China to other countries is a sensitive topic for several years and continuous to be of importance to foreign companies with operations in the Chinese market.

While the flow of data is regulated with the Personal Information Protection Law (PIPL), questions still arise and uncertainties remain.

To shed some light on this topic and provide an updated overview and best practices, we are delighted to have Christoph Koeppel and Xinru Ma of Global Law with us. Christoph and Xinru will cover the following during the event:

I. Overview of China's Data-related Laws and Regulations with a special focus regarding Cross-border Transfer of Data

a) Introduction of the current legislation

b) Implementation of the laws and regulations (the current governmental and industrial supervision, administrative penalties, etc.)

II. Compliance of Foreign Invested Companies with the relevant Laws

a) Establishment of the Compliance System

i. Identification of data flow

ii. Classification and categorization of data

iii. Preparation for cross-border transfer

b) Cross-border transfer of HR-data

i. Cross-border transfer of data during recruitment phase

ii. Cross-border transfer of data during the employment

iii. Dismissal of the employees

c) Cross-border transfer of business data

i. Data of users (customers)

ii. Data related to production, technology and operation

iii. Data in certain industries (including vehicle, medical, financing industries)

d) Cross-border transfer of supplier's data

i. Considerations of the transferor

ii. Contractual arrangement with suppliers re. data transfer (respectively, if your company is a supplier, what provisions re. data transfer would you want to include in the respective agreement)

III. Common Problems and Best Practices



a) Which departments are involved in the compliance of data cross-border transfer?

b) How to evaluate whether it is necessary to declare the cross-border transfer to Chinese authorities?

c) What should a company do if after a self-assessment it concludes that it does not need a security assessment?

We are looking forward to seeing you at this event.

Best regards,

Your SwissCham Team

6:30 PM - 7:00 PM Registration

7:00 PM - 8:00 PM Presentation

8:00 PM - 8:20 PM Q&A

8:20 PM - 9:30 PM Light Food & Professional Networking

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