PIPL
China's comprehensive regulation for personal information protection
ISO 37301
Certifiable international standard for compliance management systems
Quick Verdict
PIPL mandates strict personal data protection for China operations with hefty fines, while ISO 37301 offers voluntary CMS certification for broad compliance. Companies adopt PIPL for legal survival in China; ISO 37301 for global governance and stakeholder trust.
PIPL
Personal Information Protection Law (PIPL)
Key Features
- Extraterritorial scope for foreign processors targeting China
- Explicit separate consent for sensitive personal information
- Cross-border transfers via security reviews, SCCs, certification
- Fines up to 5% annual revenue or RMB 50 million
- Mandatory impact assessments for high-risk processing activities
ISO 37301
ISO 37301:2021 Compliance management systems
Key Features
- Certifiable requirements replacing guidance-only ISO 19600
- HLS alignment for integration with other ISO standards
- Risk-based compliance obligations and planning approach
- Leadership commitment and organizational culture emphasis
- Whistleblowing channels with anti-retaliation protections
Detailed Analysis
A comprehensive look at the specific requirements, scope, and impact of each standard.
PIPL Details
What It Is
Personal Information Protection Law (PIPL) is China's comprehensive national regulation enacted in 2021, effective November 1. It governs collection, processing, storage, transfer, and deletion of personal information with extraterritorial reach. Modeled partly on GDPR, it uses a risk-based approach emphasizing consent, minimization, and security.
Key Components
- Eight chapters, 74 articles covering processing rules, cross-border transfers, individual rights.
- Core principles: lawfulness, necessity, minimization, transparency, accountability.
- Sensitive personal information (SPI) like biometrics, health data requires explicit consent.
- Compliance via impact assessments, no broad legitimate interests basis.
Why Organizations Use It
- Mandatory for entities handling Chinese residents' data; fines up to 5% revenue.
- Enables market access, builds trust, reduces breach risks.
- Strategic for multinationals in e-commerce, fintech, healthcare.
Implementation Overview
Phased: gap analysis, data mapping, policies, controls, audits. Applies globally to China-targeting firms; 6-12 months typical, no formal certification but CAC reviews for transfers.
ISO 37301 Details
What It Is
ISO 37301:2021, officially "Compliance management systems – Requirements with guidance for use," is a certifiable international standard for establishing, implementing, maintaining, and improving effective compliance management systems (CMS). Applicable to all organization sizes and sectors, it uses a risk-based approach, Plan-Do-Check-Act (PDCA) cycle, and High-Level Structure (HLS) for integration.
Key Components
- Leadership, policy, roles, and compliance culture
- Compliance obligations identification, risk assessment, objectives, planning
- Resources, competence (per ISO 37303), awareness, communication, whistleblowing
- Operational controls, third-party management, investigations
- Monitoring, measurement, internal audits, management reviews
- Nonconformity handling, continual improvement Follows 10 HLS clauses; supports certification via accredited bodies like ANAB.
Why Organizations Use It
- Provides third-party assurance, reduces fines/reputational risks
- Builds integrity culture, supports ESG/SDGs (e.g., climate via Amd 1:2024)
- Integrates with ISO 9001/14001/27001 for efficiency
- Meets stakeholder demands, enhances trust/competitiveness
Implementation Overview
Phased: context analysis, design/resourcing, controls/training, evaluation/audit, sustain. All sizes; certification involves initial/surveillance audits in 3-year cycle. (178 words)
Key Differences
| Aspect | PIPL | ISO 37301 |
|---|---|---|
| Scope | Personal information protection and data flows | General compliance management systems |
| Industry | All sectors handling China PI, extraterritorial | All industries worldwide, all sizes |
| Nature | Mandatory national law with fines | Voluntary certifiable standard |
| Testing | DPIAs, CAC security reviews, audits | Internal audits, management reviews, certification |
| Penalties | Fines up to 5% revenue, suspensions | Loss of certification, no legal fines |
Scope
Industry
Nature
Testing
Penalties
Frequently Asked Questions
Common questions about PIPL and ISO 37301
PIPL FAQ
ISO 37301 FAQ
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