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China Announces Personal Information Protection Certification

The Cyberspace Administration of China (CAC) announced a new certification for personal information protection and implementation. The office has decided to implement such certification to enhance its information protection capabilities and to promote the rational processing of personal information.

The certification implementation follows the Personal Information Protection Certification Implementation Rules. The implementation rules clarify that personal information processors must comply with the requirements of GB/T 35273 Information Security Technology Personal Information Security Specifications. The rules outline requirements for on-site audits, the evaluation and approval of certification results, post-certification supervision and certification time limits.

Organisations engaged in personal information protection certification work need approvals to carry out activities. The regulation applies to every personal information processor that carries out private information collection, storage, use, processing, transmission, provision, disclosure, deletion and cross-border processing activities.

The State Administration for Market Regulation and the State Internet Information Office decided to implement personal Information protection certification. The step is relevant to provisions of the Personal Information Protection Law of the People’s Republic of China (‘PIPL’). The body requires the Specifications for Security Certification of Cross-Border Processing of Personal Information for cross-border personal information processing.

The latest versions of the standards include technical verification, on-site audit, and post-certification supervision. In addition, the certification body shall clarify the requirements for certification entrustment materials, including but not limited to the basic materials of the certification client, the certification power of attorney, and relevant certification documents.

To get certified, an organisation must submit certification entrustment materials according to the certification body’s requirements and the certification body shall give timely feedback on whether it is accepted after reviewing the materials.

The materials are then used for determining the certification plan, including the type and quantity of personal information, the scope of personal information processing activities, information on technical verification institutions, etc., before notifying the organisation seeking certification.

The CAC stated certification is valid for three years. An organisation must submit a certification commission within six months before the expiration of the validity period. The certification body shall adopt the method of post-certification supervision and reissue new certificates to those that meet the certification requirements.

Violations, cheating, and other behaviours that seriously affect the implementation of the certification on the certification client or personal information processor will cancel the certificate. Therefore, certification bodies shall adopt appropriate methods to implement post-certification supervision to ensure that certified personal information processors continue to meet certification requirements. The certification body comprehensively evaluates the post-certification surveillance conclusions and other relevant information. If the evaluation is passed, the certification certificate can continue to be maintained.

The organisation shall actively cooperate with the certification activities. During the validity period of the certification certificate. If the name and registered address of the certified personal information processor, or the certification requirements, certification scope, etc., change, the certification principal shall submit a change entrustment to the certification body.

When changes happen, the certification body must evaluate the change in entrustment materials. The result will determine whether the body can approve the change. If technical verification or on-site audit is required, the body shall conduct technical and on-site audits before the change is approved.

When a certified personal information processor no longer meets the certification requirements, the certification body will promptly suspend or revoke the certification certificate. The certification principal can apply for the suspension and cancellation of the certification certificate within the validity period of the certification certificate.

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