21 Jun 2023 Cybersecurity: Standard Contract Guidelines Released to Clarify Record-filing Process
1. Cybersecurity: Standard Contract Guidelines Released to Clarify Record-filing Process
Since the method of Standard Contract for Cross-board Data transfer (CBDT) is effective from June 1st, 2023 and provides another choice to send data abroad in addition to security assessment and security certification (see previously our Asiallians China News), namely, the personal information processor executes standard contract for CBDT with its overseas recipient and records it at governmental bureau within 10 working days upon execution.
In order to clarify this method, China Cyberspace Administration (CAC) has issued the Guidelines for Record-filing of Standard Contract (the “Guidelines”) on May 30, in which the following documents are requested for the record-filing process:
- Personal information impact assessment report (a template is provided by CAC in the Guidelines)
- Executed/stamped procedural documents including duplicate of business license, ID card of legal representative, Power of Attorney, Commitment letter, etc
- CBDT Standard Contract signed
Following the release of Guidelines by CAC, below local CACs also published local guidelines with concrete local requirements:
Date: June 2
Concrete local requirements: The applicant shall be a legal person, and branches cannot apply for registration on behalf of headquarters or subsidiaries.The applicant shall submit digital versions first via email at firstname.lastname@example.org, and upon approval, then file originals physically on site.
Date: June 7
Concrete local requirements: The applicant shall submit digital versions first via email at email@example.com, and upon approval, then file originals physically on site.
City: Shandong Province
Date: June 14
Concrete local requirements: The applicant shall submit digital versions via firstname.lastname@example.org. Address for filing originals is also provided.
City: Zhejiang Province
Date: June 14
Concrete local requirements: Email address is not disclosed. A consultation telephone number provided: 0571-81051250
2. Notarization: Remote video notarization for Chinese citizens launched in France
As of June 1st 2023, in order to facilitate the notarization for Chinese citizens in France, the Chinese Embassy in France and its associated agent in France (“Embassy’s agent”), together with a list of notarial firms in China, launch a convenient way of overseas notarization via video, to address their notarization matters in relation to inheritance, real estate sales, certification of signature/seal on legal documents, true copy verification and so forth.
(1) Who can apply for the remote video notarization?
A Chinese citizen who holds: PRC passport + a valid French residence permit/a long-term visa for work or study
(2) What are the procedures for the remote video notarization?
- A Chinese citizen shall apply for the remote video notarization at a notarial firm in China (a list of notarial firms provided).
- Upon approval by the Chinese notarial firm, a meeting will be reserved with Embassy’s agent in France.
- During the meeting, a notary in China shall lead the process, the Chinese citizen shall answer questions accordingly, and Embassy’s agent shall monitor the whole process.
- Materials signed during the meeting shall be mailed to China by the Embassy’s agent.