New WG6 Drafting Team – Exporting Data from the People's Republic of China
Drafting Team – Overview
New and existing privacy and security regulations in the People’s Republic of China (PRC) have created obstacles for practitioners trying to export data for legal matters pending or anticipated in jurisdictions outside of the PRC. Moreover, the typical transfer mechanisms that practitioners have become familiar with and that are legally acceptable in other countries and regions do not appear to be viable options for exporting data from the PRC.
A brainstorming group explored this topic and has proposed an initial framework for a commentary that would discuss the current landscape of laws and regulations, the challenges, and potential avenues for best practices for compliance. The drafting team is therefore tasked with drafting a commentary that: (i) provides an overview of the landscape of new and existing (and forthcoming) privacy and security regulations; (ii) addresses the challenges presented by the existing and evolving privacy and security laws and regulations; and (iii) provides current best practices and guidance for complying with these laws and regulations while exporting data from the PRC in connection with legal matters outside of the PRC.
Drafting Team - Member Expectations
- Drafting team members are expected to make the following commitments:
- Total time commitment is 12-15 hours per month, including actual drafting, review and drafting team meetings.
- Drafting team members are expected to regularly participate in drafting team meetings – drafting team leaders will take attendance for all meetings, and track meeting participation and contributions during drafting team meetings.
- Drafting team members will be expected to draft or assist in drafting portions of the document and/or perform research as needed – drafting team leaders will track contributions to the drafting and/or research.
- Drafting team members are expected to review all team drafts that are circulated, and comment and edit as necessary.
- It is critical that all team members are active, engaged participants in the drafting efforts, in order to produce high-quality work product in a limited timeframe. If the participation requirements outlined above are not something that you can commit to at this time, we recommend that you postpone pursuing a spot on a drafting team until you are able to make these commitments. There will be more WG6 drafting efforts in the near future. Additionally, we will likely have more well-qualified, well-rounded applicants than we have spaces available for this drafting team. As a result, we may have a ranked waiting list. If during the drafting effort, a team member is not able to maintain the commitment required of team members, we will replace that member, if necessary.
Drafting Team - Selection
In order to apply for the drafting team, you must be a member of WG6. If you are interested in applying for the drafting team, but are not yet a member of WG6, please become a member by signing up for a Working Group Series (WGS) membership. Once a WGS member, one is eligible to take part in the activities of all Working Groups, including WG6. If you have any questions about how to sign up for a membership or encounter any difficulties while doing so, please contact our office at [email protected] or +1(602) 258-4910.
As a drafting team will typically only have 8-10 members, the Steering Committee will need to be very selective. But all WG6 members, however, will have a chance to review and comment on the draft that the team produces.
Factors in Drafting Team Selection
- Expertise
- Years of Experience
- Participation on the corresponding brainstorming group
- Did you join - and contribute - to the preceding brainstorming group?
- Balance
- As we work to achieve consensus-based documents, it is important that a wide range of perspectives and backgrounds are represented. Accordingly, in selecting drafting team members the Steering Committee will work to ensure these perspectives are fairly represented. Please keep in mind, however, we do not seek differing perspectives so that one may advocate on behalf of a particular perspective or constituency. We seek differing viewpoints, backgrounds and experiences in order to build a consensus-based document that is beneficial to all stakeholders.
- Perspectives we seek to have represented on the drafting teams include, among others:
- In-house counsel
- Outside counsel
- Counsel for consumers
- Jurists
- Regulators
- Technologists
- Experts
- Corporate decision-makers
- Service providers
- Should you ultimately not be selected for the drafting team, it may simply be the result of too many applicants representing a particular perspective, and not at all based on a lack of qualifications.
In order to be considered for the drafting team, please complete the questionnaire found here and submit it no later than COB EDT on Tuesday, Apirl 18, 2023.