On May 9, the Administrative Committee of the Tianjin Pilot Free Trade Zone and the Tianjin Municipal Bureau of Commerce issued the "China (Tianjin) Pilot Free Trade Zone Data Export Management List (Negative List) (2024 Edition)" (hereinafter referred to as the "Negative List"), which is the first negative list for the management of data export in the pilot free trade zone approved by the provincial cybersecurity and information commission and reported to the national cyberspace administration department and the national data management department since the implementation of the Provisions on Promoting and Regulating Cross-border Data Flow issued by the Cyberspace Administration of China.
The Negative List sets out the circumstances under which an enterprise in the Tianjin Pilot Free Trade Zone is required to apply for a security assessment for data export, enter into a standard contract for the export of personal information, and pass the personal information protection certification for providing data overseas. Enterprises in the Tianjin Pilot Free Trade Zone are exempted from applying for security assessment of data export, entering into standard contracts for personal information export, and passing personal information protection certification if they provide data outside the Negative List overseas. Data involving state secrets, core data, and government affairs data are not included in the management of the Negative List, and the export of relevant data is to be carried out in accordance with relevant laws, regulations, and provisions.
According to Tianjin News, the "Negative List" released this time focuses on the industrial development and regulatory needs of the eight key areas of the pilot free trade zone, such as biomedicine, service outsourcing, finance, Internet platforms, automobiles, integrated circuits, meteorology, and international trade, and divides the outbound data of enterprises into 13 categories and 46 subcategories, including strategic materials and bulk commodities, natural resources and environment, industry, and finance, and describes in detail the basic characteristics of each type of data.
"Electronic information" is among them, and the basic characteristics and descriptions of the data are: advanced technology in the electronic information industry, advanced design and manufacturing technology of integrated circuits, design data of major computing equipment, algorithms and software and hardware architecture, and localization rate of important electronic components and equipment. For example, key chips, operating systems, large-scale software and other basic electronic information product parameters, source code, integrated circuit layout, product test data, product sales and service for national defense, military industry, government affairs and other fields.