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Greater China Updates – November 2021

  • Draft Measures for the Security Assessment of Outbound Data
  • Hong Kong’s Personal Data (Privacy) (Amendment) Ordinance 2021 comes into effect on 8 October 2021
  • Measures for the Discretion over Administrative Penalties in Foreign Exchange Control
  • Law Enforcement Guide on Medical Cosmetology Advertising

Draft Measures for the Security Assessment of Outbound Data
On 29 October 2021, the Cyberspace Administration of China released the Measures for the Security Assessment of Outbound Data for public consultation. These measures aim at regulating the outbound transmission of data in accordance with the Cybersecurity Law, the Data Security Law, the Personal Information Protection Law, and other laws and regulations.

The measures provide a standardized framework for data processors when they provide overseas with important data collected and generated during their operation within the territory of China and personal information that shall be subject to security assessment according to law.

Hong Kong’s Personal Data (Privacy) (Amendment) Ordinance 2021 comes into effect on 8 October 2021
Doxxing is a term used for the harassment technique of finding and publishing personal information about an individual on the internet or social media. To combat unlawful doxxing acts, the Government of Hong Kong SAR published the Personal Data (Privacy) (Amendment) Ordinance 2021 on 8 October 2021.

Upon the commencement of the Ordinance, any person who discloses personal data of a data subject without the relevant consent of the data subject, with intent or is being reckless as to whether any specified harm would be (or would likely be) caused to the data subject or his/her family member, commits an offense.

Source: https://www.info.gov.hk/gia/general/202110/08/P2021100800392.htm

Measures for the Discretion over Administrative Penalties in Foreign Exchange Control
China’s State Administration of Foreign Exchange enacted Measures for the Discretion over Administrative Penalties in Foreign Exchange Control on 5 November 2021 to standardize the discretion over administrative penalties in foreign exchange control violations. Depending on different circumstances, different ranges of penalties will apply to administrative penalties imposed by foreign exchange control authorities.

It is worth noting that when a financial institution violates the provisions on foreign exchange control, the financial institution’s directors, supervisors, and senior managers who are directly responsible and other directly liable persons will also be given a warning and imposed a fine if the violations fit the specific circumstances stipulated by the Measures.

Law Enforcement Guide on Medical Cosmetology Advertising
In order to regulate and strengthen the regulation of medical cosmetology advertising, the Law Enforcement Guide on Medical Cosmetology Advertising was published on 1 November 2021 by relevant authorities. The Law Enforcement Guide focuses on the crackdown and rectifying various medical cosmetology advertising chaos.

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