Many questions remain about the implementation of key provisions in China's Personal Information Protection Law (PIPL). In an article for the IAPP, Bird & Bird Associate Hunter Dorwart, Partner James Gong, and Associate Harry Qu discuss one of those provisions, Article 13, which requires organisations to have a lawful reason for collecting and processing personal data, similar to the EU General Data Protection Regulation. Article 13 includes several legal bases, such as obtaining consent, compliance with legal obligations, protecting an individual's vital interest, and fulfilling a task in the public interest. The concept of processing necessary data to fulfil a contract is also included under Article 13(2). While this provision is similar to other global data protection laws, it remains unclear how authorities like the Cyberspace Administration of China (CAC) interpret it in practice. Companies are advised to consider this before selecting this option as their legal basis.
What is this page?
You are reading a summary article on the Privacy Newsfeed, a free resource for DPOs and other professionals with privacy or data protection responsibilities helping them stay informed of industry news all in one place. The information here is a brief snippet relating to a single piece of original content or several articles about a common topic or thread. The main contributor is listed in the top left-hand corner, just beneath the article title.
The Privacy Newsfeed monitors over 300 global publications, of which more than 5,750 summary articles have been posted to the online archive dating back to the beginning of 2020. A weekly roundup is available by email every Friday.
