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beijing releases the first scenario-based, field-level negative list for data export in the free trade zone

2024-08-31

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on august 30, the beijing municipal cyberspace administration, the municipal bureau of commerce, and the municipal government services and data management bureau jointly issued the "china (beijing) pilot free trade zone data outbound management list (negative list) (2024 edition)", "china (beijing) pilot free trade zone data outbound negative list management measures (trial)", and "beijing data cross-border flow facilitation service management several measures" (hereinafter referred to as the "negative list", "management measures", and "several measures") and other cross-border data policy documents.

the overall goal is to "control, release and use well"

guo wenjie, member of the party leadership group and deputy director of the beijing municipal bureau of commerce, pointed out that since its approval and establishment in 2020, the beijing pilot free trade zone has adhered to the integration of institutional and factor-based opening-up, industrial opening-up and park opening-up, and explored a beijing path to promote high-quality development with high-level opening-up, and replicated and promoted 20 reform pilot experiences and best practice cases across the country. in the first half of this year, foreign-invested enterprises above designated size in the pilot free trade zone achieved operating income of 856.15 billion yuan, a year-on-year increase of 2.6%, accounting for 50.5% of the operating income of enterprises above designated size in the pilot free trade zone, 24.6 percentage points higher than the operating income share of foreign-invested enterprises in the city.

it is understood that the negative list policy released by beijing this time is in accordance with the institutional arrangement of the cyberspace administration of china's "regulations on promoting and regulating the cross-border flow of data", which stipulates that the free trade pilot zones can independently formulate negative lists for data outbound travel. it takes "controllable, open and good use" as the overall goal, and is compiled in accordance with the overall design concept of "1+n" based on extensive corporate surveys and in-depth needs analysis.

wang fei, deputy director of the beijing internet information office, pointed out that in order to organize and implement the negative list and coordinate the city's data outbound service management, beijing has currently determined the "1+1+4" work promotion model, that is, on the basis of breakthroughs in key reforms and trials in the free trade zone, a set of "free trade zone negative list innovation policy system" has been formed; 18 specific measures for the cross-border flow facilitation service management of beijing data have been issued simultaneously, forming a set of "city-wide facilitation reform work system"; around helping enterprises to apply it as soon as possible and effectively, four "key implementation measures" have been implemented, including the overall layout of the beijing data cross-border service center, the establishment and operation of four service stations in the daxing airport linkong district, the central business district, the beijing economic and technological development zone, and the zhongguancun science city, optimizing government service functions, expanding the scope of social services, and forming a "one-stop" service capability for enterprises. the scope of "green channel" services will be comprehensively broadened, and service objects will be expanded by industry and field, so as to facilitate the "through train" for enterprise declaration. the city's cross-border data facilitation information service platform will be developed and launched to form a unified facilitation service capability for the city. the beijing data cross-border flow facilitation service guide was compiled and issued, detailing more than 100 specific services, and organizing policy presentations and enterprise guidance as soon as possible by industry and field to improve the coverage and reach of policy measures. at present, the negative list of the free trade zone, the city's facilitation service management policy documents and service guides have been officially launched on platforms such as "network information beijing" and "open beijing", and enterprises can browse and download them online.

data export compliance in six major industry sectors

it is reported that in recent years, with the continuous improvement of the national cross-border data flow security management system, beijing has insisted on precise policy implementation and continuously optimized services, which has formed a demonstration and leading effect nationwide. a special coordination mechanism has been established in the city, and a special working group for cross-border data policy innovation and enterprise services has been set up. the pilot project for cross-border data flow security management has been carried out first in the country. the first approved data outbound security assessment case in the country and the first corporate case in the country to achieve compliance with personal information outbound through the conclusion of a standard contract have both landed in beijing. provincial-level pre-examination and pre-assessment have been carried out first, and eight major items and 74 sub-items of data outbound security risk pre-assessment indicators have been studied and formulated. a "green channel" service mechanism has been established, covering 117 enterprises in five industries, and the total time for enterprise application and approval has been shortened by about 50%. guide and cultivate social service capabilities, provide one-stop services for nearly 100 complex data outbound business scenarios, and help enterprises comply with regulations to "reduce costs and increase efficiency." up to now, 47 companies including audi, bayer, china minsheng bank, novartis integrity, haitian aac, and lg have passed the national data outbound security assessment, and 167 companies have passed the standard contract registration for the outbound transfer of personal information. beijing has taken the lead in achieving compliant outbound transfer of data in six major industry fields, including civil aviation, automobiles, education, medicine, academia, and artificial intelligence. the diversity and pass rate of outbound data are both among the highest in the country. beijing has become an important hub for the cross-border flow of global data.

cross-border data flows have become a key link connecting different countries and regions and optimizing global resource allocation. beijing business daily reporters learned that at present, beijing has built an innovative policy system with the "first scenario-based, field-level negative list for data outbound travel" as the core, and a comprehensive management system with the model of "free trade zone first trial + city-wide facilitation reform + dynamic evaluation and optimization mechanism", which indicates that beijing has basically established a data outbound security governance system and explored and formed an efficient, convenient and safe cross-border data flow "beijing practice".

professor hong yanqing of the school of law of beijing institute of technology pointed out that in the use and management of the negative list, the beijing pilot free trade zone has improved the security of data outbound and the effectiveness of management through a rigorous access mechanism, standardized filing management, scientific risk assessment, multi-level supervision and a sound feedback mechanism. these innovative measures not only ensure the convenience, compliance and security of data outbound, but also provide solid policy support for the international development of the free trade zone and provide important reference and reference for data management in other regions. while promoting industrial development, these innovative measures have also injected new vitality into the internationalization and modernization process of the free trade zone.

beijing business daily reporter jin zhaoli and intern reporter wang manlei

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