Skip to main content

Nixon Peabody LLP

  • People
  • Capabilities
  • Insights
  • About
Trending Topics
    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    Practices

    View All

    • Affordable Housing
    • Community Development Finance
    • Corporate & Finance
    • Cybersecurity & Privacy
    • Entertainment & Media
    • Environmental
    • Franchising & Distribution
    • Government Investigations & White Collar Defense
    • Healthcare
    • Intellectual Property
    • International Services
    • Labor, Employment, and Benefits
    • Litigation
    • Private Wealth & Advisory
    • Project Finance
    • Public Finance
    • Real Estate
    • Regulatory & Government Relations
    Industries

    View All

    • Aviation
    • Cannabis
    • Consumer
    • Energy
    • Financial Services
    • Healthcare
    • Higher Education
    • Infrastructure
    • Manufacturing
    • Nonprofit Organizations
    • Real Estate
    • Sports & Stadiums
    • Technology
    Value-Added Services

    View All

    • Alternative Fee Arrangements

      Developing innovative pricing structures and alternative fee agreement models that deliver additional value for our clients.

    • Continuing Education

      Advancing professional knowledge and offering credits for attorneys, staff and other professionals.

    • Crisis Advisory

      Helping clients respond correctly when a crisis occurs.

    • DEI Strategic Services

      Providing our clients with legal, strategic, and practical advice to make transformational changes in their organizations.

    • eDiscovery

      Leveraging law and technology to deliver sound solutions.

    • Environmental, Social, and Governance (ESG)

      We help clients create positive return on investments in people, products, and the planet.

    • Global Services

      Delivering seamless service through partnerships across the globe.

    • Innovation

      Leveraging leading-edge technology to guide change and create seamless, collaborative experiences for clients and attorneys.

    • IPED

      Industry-leading conferences focused on affordable housing, tax credits, and more.

    • Legal Project Management

      Providing actionable information to support strategic decision-making.

    • Legally Green

      Teaming with clients to advance sustainable projects, mitigate the effects of climate change, and protect our planet.

    • Nixon Peabody Trust Company

      Offering a range of investment management and fiduciary services.

    • NP Capital Connector

      Bringing together companies and investors for tomorrow’s new deals.

    • NP Second Opinion

      Offering fresh insights on cases that are delayed, over budget, or off-target from the desired resolution.

    • NP Trial

      Courtroom-ready lawyers who can resolve disputes early on clients’ terms or prevail at trial before a judge or jury.

    • Social Impact

      Creating positive impact in our communities through increasing equity, access, and opportunity.

    • Women in Dealmaking

      We provide strategic counsel on complex corporate transactions and unite dynamic women in the dealmaking arena.

    1. Home
    2. Insights
    3. Articles
    4. China passes the Personal Information Protection Law PIPL

      Articles

    Article

    China passes the Personal Information Protection Law PIPL

    Sep 2, 2021

    LinkedInX (Twitter)EmailCopy URL

    By Jenny Holmes

    Last month, China’s National People’s Congress passed the Personal Information Protection Law (PIPL). The PIPL, which will take effect on November 1, 2021.

    Last month, China’s National People’s Congress passed the Personal Information Protection Law (PIPL). The PIPL, which will take effect on November 1, 2021, is designed to protect online user data privacy and strongly resembles the European Union’s General Data Protection Regulation (GDPR).

    Akin to the GDPR, the PIPL has a broad scope and applies to both entities doing business in China and entities outside of China that process personal information of persons within China. Notably, the PIPL applies to both the public and private sector, but does not apply to the Chinese government.

    The PIPL requires covered companies to obtain Chinese consumers’ consent before collecting personal information and places limits on the transfer of personal information outside of China, including to the US. These limits include providing individuals with details about the transfer, obtaining additional consent, and ensuring that the recipient country can provide the same level of protection required under the PIPL.

    Like the GDPR, the PIPL creates certain privacy rights for Chinese consumers, such as the right to access, correct, know, and delete their personal information. Chinese consumers also have the right to data portability, restrict processing, withdraw consent, and lodge a complaint with regulators. Covered entities must ensure methods for Chinese consumers to exercise these rights.

    The PIPL can be enforced by regulators in a number of ways, including issuing warnings, taking correction actions, suspending services, or issuing fines. Similar to the GDPR, the fines can be significant —up to 50 million RMB (about $7 million USD) or 5% of a business’ annual revenue for the prior fiscal year. There is also a private right of action for Chinese consumers.

    The PIPL joins China’s Data Security Law, effective September 1, 2021, which sets a framework for companies to classify data based on its economic value and relevance to Chinese national security. Together, the laws force companies to examine their data collection practices. Companies with a presence in China or that collect the personal information of individuals in China should review their privacy practices to ensure compliance with the PIPL. While compliance with the GDPR may provide a good starting point for PIPL compliance, additional attention will be necessary. We expect additional guidance to be issued in the coming months, but companies can, and should, start preparing now.

    Practices

    Cybersecurity & Privacy
    The foregoing has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you have any questions or require any further information regarding these or other related matters, please contact your regular Nixon Peabody LLP representative. This material may be considered advertising under certain rules of professional conduct.

    Subscribe to stay informed of the latest legal news, alerts, and business trends.Subscribe

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    • Cookie Preferences
    • Privacy Policy
    • Terms of Use
    • Accessibility Statement
    • Statement of Client Rights
    • Purchase Order Terms & Conditions
    • Nixon Peabody International LLC
    • PAL
    © 2025 Nixon Peabody. All rights reserved