Data compliance for AI products operates on a different scale from that of the traditional internet. In the traditional model, data flows linearly — collection, storage, use. In AI products the flow is a mesh: training data, user input, model output, API transit and cross-border transfer, each with its own compliance requirements.

Five data compliance risk areas for AI products

Risk one: lawfulness of training data sources

Legal basis: Article 7, Interim Measures for the Administration of Generative Artificial Intelligence Services

Providers of generative artificial intelligence services shall conduct pre-training, optimisation training and other training data processing activities in accordance with law, and comply with the following: (1) use data and foundation models from lawful sources; (2) where intellectual property is involved, not infringe the intellectual property rights lawfully enjoyed by others; (3) where personal information is involved, obtain the consent of the individual or satisfy other circumstances provided by laws and administrative regulations; (4) take effective measures to improve the quality of training data and enhance its authenticity, accuracy, objectivity and diversity.

Risk scenarios:

Data sourceCompliance riskResponse
Crawled public web dataPossible infringement of copyright or personal informationReview robots.txt, copyright notices and whether the data contains personal information
User-generated contentUsers have not authorised use of their content for trainingSpecify data-use terms in the user agreement and obtain consent
Purchased third-party datasetsOpaque provenanceRequire the supplier to provide provenance and authorisation chain
Open-source datasetsLicence restricts commercial useReview each licence (CC-BY, Apache 2.0 and others) for commercial restrictions
Employee dataPersonal information without consentObtain informed consent specifying purpose and rights

Key points:

Risk two: data flows in API aggregation

Typical scenario: your product calls the API of large model A, passes user data to B for processing, and then passes the result to C for storage — A to B to C, with each segment carrying its own compliance responsibility.

The central question: how is responsibility divided across each segment?

StageRoleCompliance duty
You to model AData providerEnsure user consent covers the transfer; sign a data processing agreement
Model A to BA acts as processorReview A’s data processing terms and confirm whether data is used for training
B to CB acts as processorConfirm B’s security measures and sign a DPA
Storage at CC acts as storage providerConfirm storage location, encryption and retention period

Key points:

Risk three: personal information leaked through model output

Description: during training a large model may “memorise” personal information in the training data (names, telephone numbers, identity card numbers). That information may then be output in response to user prompts.

Regulatory risk: breach of the Personal Information Protection Law’s provisions on processing, which may attract fines of up to RMB 50 million or 5% of the previous year’s turnover.

Response:

  1. At training: de-identify personal information in training data
  2. At inference: deploy output filtering to intercept outputs containing personal information
  3. At system level: establish an emergency response mechanism for “personal information leakage through model output”
  4. At user level: disclose the possible risk in the privacy policy and provide a complaints channel

Legal basis: Article 24, Personal Information Protection Law

Where a personal information processor uses personal information to make automated decisions, it shall ensure the transparency of the decisions and the fairness and equity of the results, and shall not apply unreasonable differential treatment to individuals in transaction prices or other transaction conditions. Where information is pushed or commercial marketing is carried out to an individual by way of automated decision-making, an option not targeting the individual’s characteristics shall be provided at the same time, or a convenient means of refusal shall be offered. Where a decision with a significant impact on an individual’s rights and interests is made by way of automated decision-making, the individual has the right to require the processor to provide an explanation, and the right to refuse a decision made solely by automated means.

High-risk scenarios for AI companies:

ScenarioCompliance requirement
AI recommendation systemsProvide an option not targeting the individual’s characteristics
AI credit assessmentRetain manual review and provide explanations
AI recruitment screeningMust not discriminate; provide manual review
AI pricing systemsMust not apply unreasonable differential treatment
AI customer serviceProvide an option to transfer to a human agent

Key points:

Risk five: cross-border data flows

Legal basis: Article 4, Measures for the Security Assessment of Data Export

Circumstances requiring a data export security assessment:

No.CircumstanceThreshold
1Providing important data abroadNo threshold
2A critical information infrastructure operator providing personal information abroadOne million individuals or more
3A processor handling personal information of one million individuals or more providing personal information abroadOne million individuals or more
4Cumulative provision abroad of personal information of 100,000 individuals since 1 January of the previous year100,000 individuals
5Cumulative provision abroad of sensitive personal information of 10,000 individuals since 1 January of the previous year10,000 individuals

Latest policy position for 2026 (CAC Questions and Answers on Data Export Security Management):

High-risk scenarios for AI companies:

Compliance checklist

Data classification and grading

CheckRequirement
Has a data classification and grading system been established?Required by Article 21, Data Security Law
Is there a data asset inventory?Covering training data, user data, employee data and third-party data
Are the scopes of important, core and general data clearly defined?Graded by severity of harm
Is model training data included in classification and grading?A specific requirement for AI companies
CheckRequirement
Are processing rules disclosed prominently?In clear and intelligible language
Has consent been obtained?Particular attention to automated decision-making and cross-border transfer
Has separate consent been obtained for sensitive personal information?Biometrics, religious belief, medical health and similar
Does the user agreement explain use of data for AI training?State clearly whether user data is used for training

Personal information protection impact assessment (PIA)

TriggerRequirement
Processing sensitive personal informationA PIA must be carried out in advance
Automated decision-makingA PIA must be carried out in advance
Entrusted processing, sharing or public disclosureA PIA must be carried out in advance
Cross-border transferA PIA must be carried out in advance
Significant impact on individual rightsA PIA must be carried out in advance

Cross-border data transfer

CheckRequirement
Have data export scenarios been identified?Overseas APIs, overseas storage, cross-border sharing
Has the security assessment threshold been reached?By reference to the four circumstances above
Has a security assessment, certification or standard contract been completed?One of the three; volume splitting is not permitted
Have legal documents been signed with the overseas recipient?A DPA or SCC

Third-party cooperation

CheckRequirement
Are API providers’ data processing rules reviewed?Particular attention to whether data is used for training
Has a data processing agreement (DPA) been signed?Setting out each party’s duties
Has an API data flow diagram been established?Marking the compliance duty at each segment

Compliance timeline

TimingActionPriority
Week 1Establish the data asset inventory and complete classification and gradingP0
Weeks 1–2Review the privacy policy and user agreement; add AI training clausesP0
Weeks 2–3Assess data export scenarios and determine the compliance routeP0
Weeks 3–4Complete PIAs for sensitive information, automated decision-making and cross-border transferP1
Weeks 4–6Sign DPAs with API providers and establish the data flow diagramP1
Weeks 6–8Deploy the model output filtering systemP1
OngoingEstablish a data compliance audit mechanism, once every six monthsP2

Enforcement cases

Case one: a technology company in Jiangsu (2025) The company operated an “API relay station” calling several large-model interfaces to provide AI dialogue services, without conducting the required security assessment, creating content security risks. The CAC authority verified the breach and took action against the companies concerned.

Case two: the Replika GDPR penalty The Italian supervisory authority imposed an administrative fine of EUR 5 million on Luka Inc., the company behind the Replika AI chatbot, for multiple breaches of the GDPR, including failure to obtain valid consent, failure to provide adequate information and failure to carry out a DPIA.


This article is prepared on the basis of the Personal Information Protection Law, the Data Security Law, the Measures for the Security Assessment of Data Export, the Interim Measures for the Administration of Generative Artificial Intelligence Services and the CAC’s 2026 policy questions and answers on data export. For assistance in building a data compliance system for an AI company, please contact Geason Law Offices.

Geason Law Offices AI Industry Research Group | Reviewed by Ho Qianggao