China’s Civil Code: Landmark Law to Protect Privacy Rights and Personal Information

The Civil Code is consisted of 7 parts including the general provisions and 6 parts on property, contracts, personality rights, marriage and family, inheritance, and tort liability, and contains 1260 articles.

On 28 May 2020, the Civil Code of People’s Republic of China (“Civil Code”) was passed at the third session of the 13th National People’s Congress.

The Civil Code is consisted of 7 parts including the general provisions and 6 parts on property, contracts, personality rights, marriage and family, inheritance, and tort liability, and contains 1260 articles.

The Chapter 6 of the Part 4 is specifically on the protection of privacy rights and personal information:

(i) it defines the “privacy rights” and specifies relevant strictly prohibited infringing acts;

(ii) it defines the “personal information” and stipulates principles and conditions that shall be followed when processing personal information;

(iii) it constructs the basic rights and obligations framework between natural person and information processor;

(iv) it establishes state organs and their functionaries bear obligations to protect the privacy and personal information of natural persons.

In addition, the Civil Code also includes provisions on data protection and cybersecurity. TheCivil Codewill take effect on 1 Jan 2021.

(Source: Ministry of Justice)

Disclaimer: This is an article created by Michael Liang for Chinasdg.org. You can find the original article here: https://chinasdg.org/2020/06/03/chinas-civil-code-landmark-law-to-protect-privacy-rights-and-personal-information/.

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