The Cyberspace Administration of China (“CAC”) recently released requirements regarding data protection audits, titled “Administrative Measures on Compliance Auditing of Personal Information Protection” (the “Measures”). The Measures will go into effect on May 1, 2025.

The Measures were promulgated in accordance with the Personal Information Protection Law (“PIPL”) and Administrative Regulations on the Security of Network Data. The Measures set forth the: (1) conditions that would trigger an audit of a data handler’s compliance with relevant personal information protection legal requirements; (2) selection of third-party compliance auditors; (3) frequency of compliance audits; and (4) obligations of data handlers and third-party auditors in conducting compliance audits. An Appendix to the Measures, titled “Guidelines on Personal Information Protection Compliance Auditing” (the “Guidelines”), contains additional compliance audit requirements.

Voluntary and Mandatory Compliance Auditing

The Measures will require data handlers that process the personal information of more than 10 million individuals to conduct compliance auditing at least once every two years.

The Measures will permit cyberspace administration and other relevant authorities to request data handlers to conduct third-party audits where:

For the above scenarios, the data handler will need to complete a compliance audit in accordance with the Measures’ requirements and submit an audit report to the data handler’s competent authority, with any requested corrections submitted within 15 business days to the authority.

Additionally, the Measures specify that data handlers may conduct compliance audits on a voluntary basis, either internally or through the use of a third-party auditor.

Specific Requirements for Certain Types of Data Handlers

Pursuant to the Measures, data handlers processing the personal information of more than one million individuals will need to designate a person in charge of the protection of personal information (referred to herein as the “Designated Data Protection Personnel”). Data handlers providing key online platform services with a significant number of users and a complex business model will need to establish an independent organization consisting mainly of external members to monitor compliance audits.

Requirements for Third-Party Auditors and Designated Data Protection Personnel

Third-party auditors will be required to be equipped with audit staff, premises, facilities and funds appropriate to the services provided, and to protect the confidentiality of data reviewed during compliance audits. Additionally, third-party auditors will be prohibited from using subcontractors.

The Measures will prohibit data handlers from using the same third-party auditor (or its affiliates) or the Designated Data Protection Personnel to conduct compliance audits on the same subject more than three times in a row.

Guidance on Compliance Audits

The Guidance will require data handlers to evaluate the following factors in compliance audits:

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