A Study on the Implications of China’s Personal Information Protection Act on Chinese and Korean Businesses

Abstract

Purpose – This paper discusses the legislative process and necessity of China’s Personal Information Protection Law, examines the main contents of China’s Personal Information Protection Law, and studies its impact on Chinese and Korean enterprises. Thus, China’s future data protection legal system can be better understood.
 Design/Methodology/Approach – In October 2020, China convened the 13th National People’s Congress to deliberate and promulgate the draft Personal Information Protection Law of the People’s Republic of China 2020.
 The draft privacy law is China’s first specialized legislation on personal information protection, drawing global attention. Furthermore, president Xi Jinping made clear his commitment to protecting personal information by reiterating the need for “cyber security and personal information security for people” and “protecting their legitimate rights and interests in cyberspace” after the 2019 National Cyber Week. The Personal Information Protection Act of China was enacted on November 1, 2021, as personal information protection was also a real concern among the Chinese people in the highly information-oriented era.
 Findings – China already has an independent and unified Personal Information Protection Act, which officially promulgates and enforces the Personal Information Protection Act this year following cybersecurity, cybersecurity, and criminal law provisions. Furthermore, in October 2020, China began a full-fledged legislative process by releasing a draft Personal Information Protection Act and collecting opinions.
 Research Implications – China’s Personal Information Protection Act is expected to play an important role for Chinese companies and Korean companies with subsidiaries in China due to offshore applications. Therefore, it is necessary to continue to pay attention to the revision and enforcement rules of the Personal Information Protection Act so that Chinese and Korean companies can respond quickly after it is promulgated and enforced. Therefore, this paper summarizes the background of China’s Personal Information Protection Act and the main contents of the 2021 edition of the Personal Information Protection Act.