Key Takeaways
- The Standard Contract Measures are CAC Order No. 13 and took effect on 2023-06-01.
- The standard contract route is tied to PIPL Article 38 and related filing guidance.
- The 2024 data flow provisions should be reviewed together with the SCC Measures for current source-tracked research.
The Measures for the Standard Contract for Cross-border Transfer of Personal Information are a CAC rule set for the standard contract route under China’s personal information cross-border transfer framework. This page gives a source-tracked overview for research purposes. It does not provide a filing package, route decision, or company-specific legal advice.
The China standard contract route matters because it is one of the conditions referenced by PIPL Article 38 for providing personal information outside China. The route is not just a private contract exercise. It sits inside a public regulatory framework that includes the Standard Contract Measures, filing guidance, the PIPL, and later cross-border data flow provisions.
This page helps readers understand the official documents and the relationship among them. It does not determine whether a specific transfer can use the standard contract route, whether a filing package is complete, or whether later rules change the analysis for a particular scenario.
What This Page Covers
- What the Standard Contract Measures are.
- How the measures relate to PIPL Article 38.
- The role of filing guidance in the standard contract route.
- Why the 2024 Data Flow Provisions should be read together with the measures.
Research Inputs to Collect
Before using the standard contract route as a research path, collect:
- the transfer purpose, overseas recipient, recipient role, and processing arrangement;
- the categories of personal information and whether sensitive personal information may be involved;
- processing or transfer scale facts that may be relevant under official rules;
- whether important data, CIIO, or other regulated-data issues may be present;
- existing impact assessment records, standard contract draft, filing materials, or prior regulator communication;
- whether later official provisions may affect the scenario.
These inputs help organize the filing-source review. They do not determine route availability.
What This Page Can and Cannot Do
This page can identify the official source chain for the China standard contract route and explain how the measures relate to PIPL Article 38 and filing guidance.
This page cannot prepare or validate a filing package, determine whether the route is available for a specific transfer, or predict regulator acceptance.
Official Source Basis
| Official document | Chinese title | Authority | Date | Official source |
|---|---|---|---|---|
| Standard Contract Measures | 个人信息出境标准合同办法 | CAC, Order No. 13 | Published 2023-02-24; effective 2023-06-01 | https://www.cac.gov.cn/2023-02/24/c_1678884830036813.htm |
| Standard Contract Filing Guidelines, First Edition | 个人信息出境标准合同备案指南（第一版） | CAC | Published 2023-05-30 | https://www.cac.gov.cn/2023-05/30/c_1687090906222927.htm |
| PIPL | 中华人民共和国个人信息保护法 | Standing Committee of the National People’s Congress | Effective 2021-11-01 | https://www.cac.gov.cn/2021-08/20/c_1631050028355286.htm |
| 2024 Data Flow Provisions | 促进和规范数据跨境流动规定 | CAC, Order No. 16 | Effective 2024-03-22 | https://www.cac.gov.cn/2024-03/22/c_1712776611775634.htm |
Source status: the Standard Contract Measures, filing guidelines, PIPL, and 2024 Data Flow Provisions listed above are official source anchors. This page does not reproduce or certify a filing package.
What the Measures Are
The Standard Contract Measures are departmental rules issued by the Cyberspace Administration of China as CAC Order No. 13. They are part of the implementation framework for the PIPL cross-border personal information transfer regime. In public research, the measures are usually discussed together with PIPL Article 38 because Article 38 includes the route of entering into a standard contract formulated by the national cyberspace authority.
The measures should be read with the official standard contract text and filing guidance. This site does not reproduce a filing package or determine whether a specific transfer can use the route.
Standard Contract Route Reading Table
| Topic | Public-source rule area | Related official document | Practical reading note |
|---|---|---|---|
| Statutory gateway | PIPL Article 38 identifies entering into the standard contract formulated by the national cyberspace authority as one possible condition. | PIPL | Article 38 starts the analysis, but the operational route is implemented through CAC measures and guidance. |
| CAC rule set | The measures set the public regulatory context for the standard contract route. | Standard Contract Measures | The route should be read as a regulated process, not merely a private contract template. |
| Filing concept | Filing guidance is relevant to materials and submission practice. | Standard Contract Filing Guidelines, First Edition | A complete analysis requires the current official guidance and the facts of the transfer. |
| Later rule interaction | Later provisions may affect some cross-border data flow scenarios. | 2024 Data Flow Provisions | The 2024 provisions should be read with, not isolated from, the earlier standard contract framework. |
Relationship to the Filing Guidelines
The Standard Contract Filing Guidelines, First Edition, are a CAC guidance document published after the Standard Contract Measures. They are relevant because the standard contract route is not only about signing a document. The public filing concept, filing materials, and review of submitted materials are part of the operational source framework.
For any real matter, the current version of CAC guidance and local regulator practice should be reviewed against the official source. This page does not determine whether a filing package is complete.
Relationship to PIPL
PIPL Article 38 provides the statutory gateway for several conditions under which a personal information processor may provide personal information outside China. The standard contract route is one of those listed conditions. PIPL Article 39 may also be relevant because it addresses informing individuals about overseas recipients and separate consent in the overseas provision context.
Relationship to the 2024 Data Flow Provisions
The 2024 Provisions on Promoting and Regulating Cross-border Data Flows should be read together with the Standard Contract Measures because they are later official CAC provisions in the cross-border data flow framework. They may affect how certain scenarios are handled under the broader official system. This page does not reduce the provisions to a simple route-selection outcome.
Common Misunderstandings
- The China standard contract route is not the same as the EU SCC framework. It is part of China’s PIPL and CAC rule framework.
- Signing a contract is not the whole public-source analysis. Filing concepts and supporting materials may matter.
- The route should not be assumed available for every personal information transfer merely because Article 38 lists a standard contract condition.
- The 2024 Data Flow Provisions do not eliminate the need to read the Standard Contract Measures where the route remains relevant.
- This site does not provide a regulator-issued form, filing package, or submission service.
Practical Reading Notes
The standard contract route should be analyzed as a source-based process. Relevant questions may include what personal information is transferred, who the overseas recipient is, whether important data is involved, whether any later official provision affects the scenario, and what filing materials are required.
Use this page to locate the official source chain: PIPL Article 38, CAC Order No. 13, filing guidance, and the 2024 Data Flow Provisions. A real filing or route assessment requires review of the official Chinese text, current regulator materials, and the transfer facts.
Related Pages
- PIPL Article 38 Explained
- Security Assessment vs SCC vs Certification
- 2024 Data Flow Provisions Overview
- China Cross-border Data Transfer Route Comparison
- National Rules Registry
- Personal Information Protection Law
- CBDT Readiness Checklist
- PIPL Article 38 bilingual reference
Source and Review Note
This page is based on official Chinese CAC and PIPL source documents. It is an independent editorial reference for general information only. The official Chinese text prevails.