一、Service Overview

Data has become the most important factor of production in the digital economy era, and cross-border data flow is the core operational need for overseas-expanding enterprises. However, countries' regulation of cross-border data transfers is becoming increasingly stringent: EU GDPR imposes maximum fines of EUR 20M or 4% of global annual turnover; China PIPL imposes maximum fines of RMB 100M on non-compliant enterprises.

The cross-border data compliance team at Pingqian Law Firm is composed of talents with cybersecurity law, privacy protection, and data science technology backgrounds — providing enterprises with full-process data compliance services from "compliance diagnosis" to "system building" to "ongoing operations."

二、Why Is Cross-Border Data Compliance So Important?

◆ Regulatory Fine Risk

    GDPR max fines: EUR 20M or 4% of global annual turnover (whichever is higher); CCPA max USD 7,500 per intentional violation or USD 2,500 per negligent violation; PIPL max fines RMB 100M.

◆  Business Interruption Risk

   During GDPR compliance investigations, regulators have the power to require enterprises to suspend data processing activities, causing core business interruption.

◆ Customer Trust Risk

   After a data breach, if handled improperly, customer churn and brand reputation damage often exceed the direct financial losses themselves.

◆  Cross-Border Business Blocked

    If data localization requirements are not met (e.g., Russia's and India's data localization regulations), enterprises may be unable to conduct business in those markets.

三、 Service Offerings

◆  Data Compliance Diagnosis

    Comprehensive diagnosis of enterprise's existing data processing activities — identifying applicable regulations (GDPR/CCPA/PIPL etc.), data flow mapping, major compliance gaps — and delivering a "Data Compliance Diagnosis Report."

◆  Privacy Policy & Terms of Service

    Drafting privacy policies and terms of service compliant with GDPR (EN/EU languages), CCPA, PIPL and other regulations — ensuring cross-border data transfer disclosures are adequate and consent mechanisms are legally valid.

◆   Data Processing Agreement (DPA)

     Drafting DPAs compliant with GDPR Article 28 requirements — clarifying rights and obligations between data controllers and processors, data security measures, sub-processor management, and breach notification provisions.

◆   Data Export Compliance Solutions

    Providing compliance pathways (Standard Contractual Clauses/SCCs, adequacy decisions, data localization) for scenarios involving Chinese enterprises exporting data abroad (e.g., overseas HQ data aggregation, overseas cloud service use, overseas customer data).

◆  Data Breach Response

    Establishing data breach emergency response processes — including 72-hour notification obligations (GDPR), notifying affected data subjects, communicating with regulators, and evidence preservation.

◆  Cookie & Tracking Compliance

    Designing Cookie Consent Management Platform (CMP) solutions per ePrivacy Directive and GDPR requirements — ensuring website/App cookie usage complies with destination country regulations.

四、 Frequently Asked Questions

Q1: Do Chinese enterprises need to comply with GDPR?

   A： Yes. If a Chinese enterprise processes personal data of individuals in the EU — regardless of where the data processing occurs — GDPR applies. For example: Chinese cross-border e-commerce platforms processing EU buyers' data, or Chinese SaaS products processing EU enterprise employees' data, all fall within GDPR's scope.

Q2: Does cross-border data transfer require a security assessment?

  A：  Yes. Under China's PIPL, providing data abroad requires a security assessment by CAC (applicable to important data exports or large-scale PI exports) or signing Standard Contractual Clauses (SCCs) with overseas recipients. Security assessment timelines are approximately 3-6 months.

Q3: How do I determine which data protection regulations apply to my enterprise?

  A： Primarily two dimensions: ① Whose data are you processing (user location); ② Where does your enterprise have physical operations. GDPR looks at "data subject location" (no territorial limit); CCPA looks at California residents; PIPL looks at Chinese natural persons. We recommend a data compliance diagnosis to clarify your applicable regulation list.

五、 Related Services

▪  Cross-Border E-Commerce Legal Compliance → /services/cross-border-ecommerce/

▪ Overseas IP Protection → /services/ip-protection/

▪ Foreign-Related Legal Consultation → /services/foreign-related/