(photo: Kindel Media)
02.09.2021, 18:30

Beware the Long Arm of PIPL

Real Estate, Finance, Insurance & Law, EMEA, Data Security, United Kingdom, China

David Smith, a Partner with The Lawyer "Top 100" firm JMW Solicitors, explains why China's recently introduced data protection legislation matters to the UK and European property sector. JMW Solicitors LLP - one of The Lawyer's "Top 100" Law Firm

Last month, the People’s Republic of China passed the Personal Information Protection Law (PIPL).


Although the legislation which comes into effect on 1 November 2021 may seem irrelevant to property professionals in Europe, just like the European Union General Data Protection Regulation (GDPR) it has extra-territoriality provisions.


A great many new build developments in the United Kingdom - and, most certainly the largest proportion in Europe, have units that have been sold to individual investors in China. So there are developers and estate and lettings agents who specifically cater to and target the Chinese market.


However, the majority of these developers and agents are not formally established in China and use local agents to attract investors which will soon have to change.


Under PIPL, any agent who is dealing with Chinese residents as part of their business will need to be established in China or have an appropriate data protection representative who is. Failure to comply can result in fines being levied in China or blocking of the right to trade which will likely include blocking of agencies' online presence in China via the country's national firewall.


PIPL: Key Takeaways

  • PIPL requires processors to obtained informed consent from individuals before collecting or transferring any personal data, and to restrict any data collected to the minimum that is necessary to meet the requirements for which it is being used.
  • "Sensitive personal information" including financial accounts, medical records and location data are subject to more stringent controls.
  • The cross-border transfer of personal information requires a safety assessment from China's national cyberspace authority, formal accreditation by an appointed agency or the use of standard form agreements that have been pre-approved by relevant national agencies.
  • Individuals are required to opt-in to the transfer of their personal information across borders.
  • PIPL is applicable to all information processing activities affecting residents of China, regardless of the location of the data processor if data is being used to support the supply of products or services, or to track behaviour.

Article rating:

vote data

Leave a reply

 (photo: Polyteck Group)
News Editor  - 30.09.2021

Residential PPM Contract Award

Polyteck Group has secured a one-year contract to provide planned preventive maintenance (PPM) services at Lillie Square, a new landscaped residential development in West London in the latest of a...

Pictured (L-R): New apprentices, Thomas Gordon, Emma Walker and Manveer Sangha. (photo: Mitie Group)
News Editor  - 28.09.2021

Mitie Welcomes Technical Apprentices

Mitie has surpassed a target of recruiting 50 new technical apprentices in 2021 with the addition of a new intake of 41 apprentices to its Technical Services Apprenticeship Programme.

 (photo: )
News Editor  - 14.10.2021

Venue Operator Launches New CSR Platforms

Stadium and convention center operator ASM Global has launched ASM Global Acts, the ASM Global Acts Foundation, and a scholarship program to support its commitment to corporate social...

Fort Werden. (photo: )
News Editor  - 14.10.2021

A Dialogue with the Past and a Space for the Future

After almost seven years of master planning and design, architectural firm Signal Architecture + Research has announced the completion of Phase One of the transformation of Fort Worden in Port...

Rendering by The Miller Hull Partnership. (photo: )
News Editor  - 14.10.2021

San Diego Awards Contracts for New Fire Station

The City of San Diego has awarded the architectural contract for the new Torrey Pines Fire Station to The Miller Hull Partnership, and announced Level 10 Construction as general contractor for the...

 (photo: Philadelphia Eagles)
News Editor  - 13.10.2021

Tackle Hygiene with Every Catch

Ahead of Global Handwashing Day on 15 October, a new campaign announced by Tork and the Philadelphia Eagles will highlight the importance of sustainable hygiene whilst supporting the homeless.