【英文】美中贸易全国委员会报告：美国公司如何接近中国的数据、隐私和网络安全制度（22页）

英文研究报告 2022年05月06日 06:57 管理员

Over time, US companies have grown increasingly concerned with the uniquely restrictive directions in which China's data, privacy, and cybersecurity regimes are moving. Since 2015, an average of more than 80 percent of respondents to USCBC’s annual member surveys have expressed concern about Chinese policies and regulations on privacy, data, cybersecurity, and information flows. Businesses are particularly concerned with lingering ambiguity regarding data localization, cybersecurity requirements, and cross-border data transfer reviews. While Chinese regulators have devoted considerable time and attention to answering questions, key definitions and processes remain undefined. Against this backdrop, American businesses face increasing operational challenges as they navigate these still-evolving regimes.

The 2017 enactment of China’s CSL raised many concerns around how the country’s policies on data, privacy, and cybersecurity would impact foreign businesses. As various rules and standards were published over the following years, many concerns about the direction the CSL might take China’s policy environment have come to pass. These concerns are now compounded by the 2021 enactment of the Data Security Law (DSL) and the Personal Information Protection Law (PIPL). These laws expanded the scope of restrictions without providing companies the clarity needed to fulfill their obligations. Together, they provide the foundation of China’s data and privacy regimes as well as its cybersecurity grading system, which is discussed later in this report. The Cyberspace Administration of China (CAC), the Ministry of Industry and Information Technology (MIIT), and the Ministry of Public Security (MPS) are the key regulators of all three laws.