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beijing has a new approach to data outbound management

2024-09-01

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

as the first scenario-based, field-level negative list for data export, the beijing pilot free trade zone's negative list for data export comprehensively considers major scenarios with urgent data export needs, the city's key industrial layout and other factors, and follows the principle of "emergency first, small steps and fast progress". the first batch of five fields, namely automobile, medicine, retail, civil aviation, and artificial intelligence, were selected to be formulated first. subsequently, according to the dynamic management mechanism, the compilation work will be promoted by industry, field, and batch, and a batch will be released as it matures, continuously optimizing and iterating the negative list policy system.

wang fei, deputy director of the beijing internet information office, said that during the company visits and surveys, it was found that companies generally expected clearer policies, lower compliance costs, and shorter approval cycles when conducting data outbound compliance work. therefore, the negative list focuses on the needs of companies and is designed to facilitate actual data outbound business scenarios, which can be summarized as the three keywords of "open, good use, and controllable".

"adhere to openness and innovation, and promote the 'openness' of the list. on the basis of manageable and controllable risks, the important data identification standards are accurately described according to the needs and characteristics of data outbound travel in different business segments and specific scenarios, and the scale of personal information outbound travel is moderately relaxed. for data processors in the free trade zone that provide data outside the negative list to overseas, they are exempted from the prior data outbound supervision procedures, so as to meet the reasonable and necessary data outbound travel demands of enterprises to the greatest extent." wang fei introduced that they closely follow business needs and strive to "use it well" by enterprises. beijing has sorted out the main data outbound business scenarios of enterprises, such as vehicle r&d testing, internet of vehicles information services, clinical trials, drug vigilance, aircraft maintenance, member management, and model training, and described the data characteristics in a scenario-based form and field-level standards, and listed 23 business scenarios and 198 specific fields in detail, so as to facilitate accurate identification and judgment by enterprises. at the same time, the threshold of the number of personal information that needs to be included in the assessment and filing is reasonably set according to the scenario, and the threshold is not set in a "one-size-fits-all" manner, so as to make the list practical and easy to use, and improve the convenience of data outbound travel for enterprises. strengthen security protection to ensure that risks can be "controlled". in the implementation of the negative list, beijing has designed management requirements such as enterprise application, filing, consistency verification, supervision and inspection, appropriately empowered front-line regulatory entities, strengthened the construction of security risk monitoring and early warning capabilities, and established a comprehensive supervision mechanism for the entire chain and all fields before, during and after the event to ensure that the security of data outbound travel is not downgraded.

in recent years, with the continuous improvement of the national data cross-border flow security management system, beijing has continuously optimized its services and has formed a demonstration and leading effect nationwide, providing one-stop services for nearly 100 complex data outbound business scenarios, helping companies to comply with regulations and "reduce costs and increase efficiency". so far, 47 companies including audi, bayer, minsheng bank, haitian ruisheng, and lg have been promoted to pass the national data outbound security assessment, and 167 companies have passed the standard contract filing for personal information outbound, taking the lead in achieving data compliance outbound in six major industry fields: civil aviation, automobiles, education, medicine, academia, and artificial intelligence.

guo wenjie, member of the party leadership group and deputy director of the beijing municipal bureau of commerce, introduced that the negative list will be formulated by industry and batches. in the selection of the first batch of industries, based on the development positioning of beijing's construction of an international science and technology innovation center and an international consumer center city, five industries were selected that fully highlight the characteristics of beijing's industrial development, namely automobiles, pharmaceuticals, retail, civil aviation, and artificial intelligence.

"in the next step, the municipal bureau of commerce will work with the municipal cyberspace administration and the municipal digital bureau to implement the management measures and negative lists." guo wenjie said that a coordination mechanism for the linkage between the city and the district should be established and improved. the city and the district should work closely together and share responsibilities to jointly promote the implementation of the negative list mechanism. we should do a good job in interpreting and publicizing the negative list policy. we should widely publicize the negative list of data outbound transfer and the service management measures for facilitating cross-border data flow in the beijing pilot free trade zone to domestic and foreign enterprises and institutions, and continuously improve the awareness of the policy. we should continue to do a good job in the evaluation and adjustment of the negative list. we should carry out risk assessment and demonstration in a timely manner, make dynamic adjustments to the negative list, continue to conduct in-depth enterprise research, and work with relevant departments to study and promote the formulation of a new batch of negative lists in a timely manner.