On July 3, 2020, the Standing Committee of China’s National People’s Congress released the first draft of the Data Security Law of the People’s Republic of China (“Draft Law”). The Draft Law is currently in public consultation and is expected to be enacted by the end of 2020. The Client Alert identifies the Draft Law’s key provisions, and considers the implications of the Draft Law in light of other recently enacted or amended legislation concerning national security, data control, and state secret.
Viewed in this context, the Draft Law is an important new piece in a series of laws geared towards safeguarding national security and asserting sovereignty and which may cause additional restrictions on information flow out of China.