China Outbound Legal Guides · Going Global from China
China Data-Export Thresholds: How to Count Unique Persons
The 22 March 2024 CAC Provisions use estimated numbers of persons whose PI is provided overseas since 1 January of the current year (confirm the live text). Count unique natural persons, not API calls. Keep a separate sensitive-PI line. Forecast year-end before you pick SCC, certification or assessment. If an exemption might apply, test it on the exemptions child first.
One task: Produce a defensible unique-person count and band — not a route stamp. · Pillar:China cross-border data-transfer decision guide · Legally reviewed on 8 August 2026 · Law and official guidance checked through 15 August 2026. Editorial orientation — not a determination.
Use potential, possible, may require. Never “compliant”, “approved” or “definitely exempt”.
Direct answer
Band table (rule restatement)
Rule: Arts. 5–8 of the 2024 Provisions. Our reading: non-CIIO handlers; SPI counted alone; important data and CIIO sit outside the comfort of a low PI count.
Band (non-CIIO)
Condition in the 2024 text
Possible next test
Lower-volume PI
PI excluding SPI of fewer than 100,000 persons + other Art. 5 conditions
Potential mechanism exemption
Mid-volume PI
100,000 to 1,000,000 persons (PI excluding SPI)
Possible SCC or certification
High-volume PI
1,000,000 or more
May require security assessment
SPI mid
Sensitive PI of fewer than 10,000 persons
Possible SCC or certification
SPI high
Sensitive PI of 10,000 or more
May require security assessment
Confirm numbers against the official Chinese text on the filing day. This table is a navigation aid.
Counting model
Annual exported PI count = unique natural persons whose PI is provided overseas in the applicable period
De-duplicate the same employee across HR, expense and payroll.
Do not reset the count per overseas recipient unless the measure you rely on says so — it does not.
Keep YTD and year-end forecast on one register.
Prior SCC/certification exports still sit in this year’s unique-person pot.
Worked examples
1. One person, three systems. 800 employees in HR + expense + payroll → 800, not 2,400.
2. Mid-year CRM. 70,000 already under SCC + 50,000 new unique customers → 120,000 if no overlap → mid-volume band to validate; last quarter’s SCC does not freeze the count.
3. Overlap SPI. 12,000 customers, 2,500 with an SPI field → run both worksheets. SPI at 10,000+ can force assessment while total PI still looks “mid”.
Threshold register anatomy
Period start · unique PI · unique SPI · overlap note · recipients · forecast · last count date · owner · source of the extract · next diary date.
Legal boundary: Prefer primary statutes, judicial interpretations, and official guidance when making decisions. Where this guide links to city hubs or lawyer listings, verify credentials and engagement terms directly with counsel. Full disclaimer · Request a consultation.
Consultation preparation
What to prepare before contacting counsel
Send a focused first package so counsel can check conflicts, understand scope, and identify urgent deadlines.
A concise timeline and the result you want to achieve.
Names of all parties and affiliates for a conflict check.
Key contracts, notices, correspondence, filings, or decisions.
Known deadlines, preferred language, location, and budget constraints.
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