Two years on since the first draft, the final act of the legislative passage saga of the long-awaited People’s Republic of China Encryption Law ended with its passage on 26 October 2019. It will take effect on 1 January 2020. The final text of the Encryption Law clearly represents a step in the right direction in terms of putting in place a comprehensive law in the encryption field, a sensitive and highly regulated area which China closely associates with state secrecy, and which historically has caused foreign investors great confusion with its strange mix of legislation that said one thing and policies that said another.
Hogan Lovells privacy attorneys examine the challenges of deploying geolocation services in five jurisdictions, including France, Spain, Germany, the United States and Hong Kong.
While personal data privacy law has been developing in many jurisdictions with the increasing prevalence of internet usage, the People’s Republic of China has not yet enacted comprehensive laws or regulations governing the collection, use and transfer of personal data. However, this may change soon, as indicated by the recent issuance of the draft Information Security Technology — Guide of Personal Information Protection (the “Guidelines”, issued jointly by the General Administration of Quality Supervision Inspection and Quarantine and the Standardization Administration of the PRC on 30 January 2011).