I. Current practices related to data transfer following changes to privacy policies

In business practice, the amendment and updating of privacy policies often arise from the need to comply with new legal regulations, changes in business models, or the expansion of data exploitation activities. However, modifications to privacy policies also lead to numerous legal issues concerning the continued use, sharing, or transfer of personal data previously collected.

  • Many enterprises have not fully fulfilled their obligations to notify data subjects and obtain renewed consent when privacy policies are amended in a manner that expands processing purposes or adds new data recipients.
  • The transfer of data to third parties following amendments to privacy policies remains insufficiently controlled. Certain enterprises share data with partners, affiliated companies, or service providers without adequately assessing information security risks, without entering into data processing agreements, or without clearly allocating legal responsibilities among the parties, thereby increasing the risk of data leakage, unauthorized disclosure, or misuse of personal data.
  • The legal awareness and compliance capacity of many organizations regarding data protection remain limited. Amendments to privacy policies are often viewed merely as internal or technical matters, while legal requirements relating to data transfer, particularly involving sensitive personal data or cross-border data transfers, have not received appropriate attention, leading to potential violations of prevailing laws and regulations.

II. Concept of data transfer following changes to privacy policies

1. What is data transfer following changes to privacy policies?

Data transfer following changes to privacy policies may be understood as the continued use, sharing, disclosure, or transfer of collected data by a data controller or data processor to a third party based on a new or amended privacy policy, where the amended contents affect the purpose, scope, method, or recipient of the data.

Such transfer activities encompass not only data generated after the privacy policy has been amended, but may also apply to data collected previously if the new privacy policy permits or expands the sharing or exploitation of such data. Accordingly, the nature of data transfer in this context is closely associated with the legality of consent, the level of transparency, and the data subject’s right to control their data.

Therefore, data transfer following changes to privacy policies is not merely a technical activity but rather a data processing activity carrying clear legal consequences, which must be considered from the perspective of compliance with personal data protection laws.

2. Which changes in privacy policies may directly affect data transfer activities?

Not every amendment to a privacy policy leads to new legal obligations relating to data transfer. However, in practice, certain changes may directly and significantly affect such activities, including:

  • Changes to or expansion of data processing purposes, particularly where new purposes involve sharing data with partners, affiliated companies, or third parties;
  • Addition or modification of data recipients, especially where data is transferred outside the organization or overseas;
  • Adjustments to the scope of processed data, resulting in the use of additional categories of personal data or sensitive personal data;
  • Changes to the legal basis for data processing, thereby affecting the validity of consent previously provided by the data subject.

3. Which types of data should be prioritized for protection when transferred following changes to privacy policies?

In the context of amended privacy policies, not all categories of data carry the same level of legal risk. In practice, personal data, particularly sensitive personal data, always constitutes the category requiring prioritized protection when transfer activities occur.

Data categories requiring special attention include: personal identification data; financial and banking data; health data; location data; children’s data; as well as any data which, if disclosed or misused, may seriously affect the lawful rights and interests of data subjects. The transfer of such data following changes to privacy policies requires a clear legal basis, appropriate security measures, and stringent control mechanisms.

III. Legal regulations related to data transfer following changes to privacy policies

1. Which categories of data are prohibited from being transferred following changes to privacy policies?

Pursuant to Clause 3, Article 42 of the Data Law 2024, the following categories of data are prohibited from being traded:

  • Data harmful to national defense, security, foreign affairs, or cryptography;
  • Data transferred without the consent of the data subject, except where otherwise provided by law;
  • Other categories of data prohibited from being traded under applicable laws.

It can therefore be seen that the law establishes clear limitations on categories of data that are prohibited or restricted from transfer in order to protect public interests and the lawful rights and interests of data subjects.

2. What supervisory mechanisms apply to data transfer activities following changes to privacy policies?

Article 17 of the Personal Data Protection Law 2025 stipulates that personal data transfer may be conducted in the following circumstances:

  • Transfer of personal data upon obtaining the consent of the personal data subject;
  • Sharing of personal data among departments within the same agency or organization for processing purposes consistent with the established processing purposes;
  • Transfer of personal data for continued processing in cases of division, separation, merger of agencies, organizations, administrative units, or organizational restructuring, conversion of ownership forms of state-owned enterprises; division, separation, merger, consolidation, or termination of operations of units or organizations; or where new units or organizations are established based on the termination of operations of other units or organizations;
  • Transfer of personal data by personal data controllers or personal data controllers and processors to personal data processors or third parties for processing in accordance with legal regulations;
  • Transfer of personal data at the request of competent state authorities;
  • Transfer of personal data in circumstances prescribed under Clause 1, Article 19 of this Law.

3. How should data transfer following changes to privacy policies be conducted in compliance with the law?

To ensure legal compliance, data transfer following changes to privacy policies should take into consideration several provisions of the Personal Data Protection Law 2025, including:

  • Consent of the personal data subject (Article 9): Consent of the personal data subject means the permission granted by the data subject for the processing of their personal data, except where otherwise provided by law.
  • Personal data processing impact assessment (Article 21): Personal data controllers and personal data controllers-cum-processors must prepare and retain dossiers on personal data processing impact assessments and submit one original copy to the specialized authority responsible for personal data protection within 60 days from the first date of personal data processing, except in cases prescribed under Clause 6 of this Article.
  • Circumstances permitting personal data transfer (Article 17), including: Transfer of personal data upon obtaining the consent of the personal data subject; sharing personal data among departments within the same agency or organization for purposes consistent with the established processing purposes; transfer of personal data for continued processing in cases of division, separation, merger, consolidation, organizational restructuring, or conversion of ownership forms of state-owned enterprises; transfer of personal data by personal data controllers or personal data controllers-cum-processors to personal data processors or third parties in accordance with legal regulations; transfer of personal data at the request of competent state authorities; and other relevant circumstances.

4. What measures should be implemented to ensure that data is not accessed unlawfully following changes to privacy policies?

In addition to requirements concerning legal grounds, the law also imposes obligations to adopt appropriate technical and organizational measures to ensure data security following amendments to privacy policies pursuant to Point c, Clause 1, Article 37 of the Personal Data Protection Law 2025. Such measures include access control mechanisms, data encryption, authorization management, and regular review and assessment of system security vulnerabilities.

Furthermore, enterprises should promulgate internal procedures on information security incident management, provide training for relevant personnel, and establish coordination mechanisms with data recipients to prevent unauthorized access or misuse of data. The synchronized implementation of these measures serves not only to satisfy legal requirements but also to protect the reputation and social responsibility of enterprises.

IV. Questions related to data transfer following changes to privacy policies

1. How should enterprises handle situations where data is lost or mistakenly deleted during the transfer process under a new policy?

Where data is lost, mistakenly deleted, or becomes inaccessible during the transfer process, enterprises must immediately activate their internal data incident response procedures in accordance with applicable laws and internal regulations. First, enterprises should determine the scope, cause, and level of impact of the incident, while simultaneously implementing technical remedial measures to restore the data where possible.

In addition, if the incident may adversely affect the lawful rights and interests of data subjects, the enterprise may be required to fulfill notification obligations and coordinate with competent authorities in accordance with Article 23 of the Personal Data Protection Law 2025, while also reviewing the entire transfer process to prevent similar risks from recurring.

2. Does data transfer following changes to privacy policies require enterprises to update their data storage systems?

The law does not require enterprises to completely replace their data storage systems whenever privacy policies are amended. However, where the new policy changes the scope of processing, categories of authorized recipients, or the level of data protection required, enterprises must review and update their storage systems to ensure compliance with the new requirements.

Such updates may include revising access authorization mechanisms, adjusting data retention periods, strengthening security measures, or modifying data backup methods. It constitutes a practical requirement aimed at ensuring that privacy policies are not merely documented in writing but are effectively implemented within technical systems.

3. Do changes to privacy policies affect all existing data within the company?

Amendments to privacy policies do not automatically apply to all existing data within a company. The scope of application depends on the specific contents of the amended policy. In many cases, the new policy only governs data collected or processed after its effective date.

However, where a new privacy policy expands the purposes of processing or the scope of transfer relating to previously collected data, enterprises must reassess the applicable legal basis, particularly the validity of the data subjects’ prior consent, in order to avoid legal violations.

4. How can enterprises verify that data access rights have been properly updated in accordance with the new policy?

Enterprises should conduct periodic inspections of data access authorization systems following amendments to privacy policies. Such inspections may include reviewing lists of users and departments authorized to access data, examining access logs, and comparing these records against the contents of the updated privacy policy.

In addition, establishing internal control mechanisms, clearly assigning data management responsibilities, and conducting independent assessments (whether internal or external) will help enterprises ensure that data access rights have been updated accurately and comprehensively in accordance with the new policy.

V. Why should enterprises seek legal consultation from NPLAW regarding data transfer following changes to privacy policies?

Data transfer following changes to privacy policies is an issue situated at the intersection of law, technology, and corporate governance, carrying significant risks if not properly assessed and implemented. Seeking consultation from specialized legal counsel is an effective solution enabling enterprises to prevent violations and protect their long-term interests.

NPLAW, with its team of experienced lawyers specializing in personal data protection, cybersecurity, and corporate legal compliance, can assist enterprises in reviewing privacy policies, assessing the legality of data transfer activities, establishing appropriate internal procedures, and advising on practical risk management solutions. Through the support of NPLAW’s legal professionals, enterprises can not only ensure compliance with the 2025 Personal Data Protection Law but also strengthen their data governance capacity and reinforce the trust and confidence of customers and partners amid increasingly stringent data protection requirements.

The above information is provided for reference purposes only. Should clients require detailed consultation regarding specific cases, please contact NPLaw Firm for immediate assistance.