Data flagship · CBDT roadmap · China SCC filing · Employee data · PIPL business guide.
Build two registers, not one translated policy. PIPL lawful bases are a shorter list (consent, contract, HR/statutory duties and a few others) — there is no general legitimate-interest clause like GDPR Art. 6(1)(f). Sensitive PI and many processing steps need separate PIPL consent or another listed basis. Extra-territorial hooks exist in both laws; PIPL cares about offering goods or analysing people in China. Exports: CAC assessment / China SCC / certification — GDPR SCCs do not satisfy CAC (see the filing page). Officer triggers differ. Employee flows: employee-data spoke.
At a glance
| Question | Short answer |
|---|---|
| Copy GDPR LI? | No — not a PIPL basis. |
| GDPR SCC enough? | No. China SCC / other CAC path. |
| Both apply? | Often yes. Extra-territorial on both sides. |
| Sensitive PI? | Separate-consent theme under PIPL. |
| HRIS export? | Employee-data page, then SCC/roadmap. |
Scope and legal framework
PIPL lawful bases. Consent, conclusion/performance of a contract, statutory duties, HR management under lawful rules, public health/emergencies, news reporting within reason, and other legally provided bases. There is no catch-all “legitimate interest.”
GDPR (contrast). Art. 6 includes legitimate interests with a balancing test. That memo is the #1 thing China counsel delete.
Transfers. GDPR Chapter V (SCCs, BCRs, adequacy, exceptions) is not the CAC trio. Filing a GDPR annex at provincial CAC is the failure mode on the SCC page.
Practical workflow
- Inventory processing that touches people in China or China-located systems.
- Re-paper each purpose onto a PIPL basis — delete LI.
- Open the roadmap for exports.
Common mistakes
- Bundled “I agree” for HR + marketing + export.
- Calling the EU DPO the PIPL officer without checking the trigger.
- Assuming adequacy decisions help China.
Action checklist
- China PI inventory separate from the RoPA.
- LI lines rewritten or stopped.
- Export path named (not “GDPR SCC”).
- China-facing notice in the language the window expects.
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