processors, which had been transferred to and processed in the territory of China, the declaration for the
security assessment, the conclusion of the standard contract, and the personal information protection
certification are exempted, provided that no personal information or important data from the territory of
China is introduced in the course the processing.
Article 5 Where the outbound transfer of personal information by a data processor falls within any of the
following circumstances, the declaration for the security assessment, the conclusion of the standard
contract, and the personal information protection certification are exempted:
(1) where it is truly necessary to transfer any personal information overseas for the purpose of executing and
performing a contract to which the individual is a party concerned, such as cross-border shopping,
cross-border consignment, cross-border remittance, cross-border payment, cross-border account opening,
air ticket and hotel reservation, visa application, and examination services;
(2) where it is truly necessary to transfer any personal information of an internal staff member overseas for
the purpose of cross-border human resources management under lawfully established labor rules and
regulations and pursuant to a lawfully executed collective contract;
(3) where it is truly necessary to transfer any personal information overseas in emergency for the purpose of
protecting the health, life, and property safety of a natural person; or
(4) where a data processor other than critical information infrastructure operator transfers overseas the
personal information of less than 100,000 individuals on a cumulative basis (excluding sensitive personal
information) starting from January 1 of the said year.
The personal information provided overseas as mentioned in the preceding paragraph does not include
important data.
Article 6 Under the national classified and graded data protection system and framework, a pilot free trade
zone may independently formulate a list of the data to be included in the management scope of the security
assessment, the standard contract, and the personal information protection certification (the "negative list")
for the said free trade zone, which shall be reported to the provincial-level cyberspace affairs commission for
approval and then submitted to the national cyberspace administration authority and national data
management authority for record-filing.
For any outbound transfer of the data beyond the negative list by data processors in the pilot free trade zone,
the declaration for the security assessment, the conclusion of the standard contract, and the personal
information protection certification are exempted.
Article 7 Where a data processor transfers any data overseas and has any of the following circumstances, it
shall apply to the national cyberspace administration authority for security assessment via the
provincial-level cyberspace administration authority at its location:
(1) where a critical information infrastructure operator provides personal information or important data
overseas; or
(2) where a data processor other than critical information infrastructure operator transfers overseas the
personal information of more than one million individuals (excluding sensitive personal information) or the
sensitive personal information of more than 10,000 individuals on a cumulative basis starting from January 1
of the said year.
Where any circumstance falls within the circumstances specified in Articles 3, 4, 5, and 6 hereof, such
provisions shall prevail.
Article 8 Where a data processor other than critical information infrastructure operator transfers overseas
the personal information of more than 100,000 but less than one million individuals (excluding sensitive
personal information) or the sensitive personal information of less than 10,000 individuals on a cumulative
basis starting from January 1 of the said year, it shall conclude a standard contract with the overseas
recipient or pass the personal information protection certification pursuant to the law.
Where any circumstance falls within the circumstances specified in Articles 3, 4, 5, and 6 hereof, such
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