An AI company serving users in both China and the European Union is subject to the PIPL and the GDPR at the same time. A single privacy policy covering both jurisdictions will not suffice: the two regimes differ materially on data localisation, transfer mechanisms and automated decision-making.

PIPL and GDPR compared

DimensionGDPRPIPL
Legislative basisPersonal data protection as a fundamental rightA balance between individual interests and national security
Legal basis for processingConsent, contract, legal obligation, legitimate interests and othersGreater emphasis on consent and statutory grounds; no “legitimate interests”
Transfer mechanismsSCCs, adequacy decisions, BCRsSecurity assessment, certification, standard contract
Data localisationNo general requirementRequired for operators of critical information infrastructure
Separate consentDetailed rulesMore explicit for provision to third parties, sensitive information and cross-border transfer
Automated decision-makingArticle 22Article 24, with greater emphasis on transparency and the right to refuse
Impact assessmentDPIAPIA
Maximum fineEUR 20 million or 4%RMB 50 million or 5%

Data localisation requirements

Localisation under the PIPL

Operators of critical information infrastructure (CIIOs) and processors handling the personal information of more than one million individuals must store within China the personal information collected and generated in China.

SituationLocalisation requirement
CIIOStorage within China
Processing personal information of more than one million individualsStorage within China
Important dataStorage within China

No general localisation requirement under the GDPR

The GDPR does not impose general data localisation, but controls the outflow of data indirectly through transfer mechanisms such as SCCs with a TIA, and BCRs.

Data typeChinese user dataEU user data
StorageServers in ChinaMay be stored in the EU or in China, subject to SCCs and a TIA
TransferSecurity assessment, certification or standard contractSCCs with a TIA, or an adequacy decision
LocalisationRequired for CIIOs or where more than one million individuals are concernedNo general requirement

Transfer mechanisms compared

Transfers from China to a third country

Situations requiring a security assessment (Article 4 of the Measures for Security Assessment of Data Export):

SituationThreshold
Provision of important data outside ChinaNo threshold
Provision of personal information by a CIIOOne million individuals or more
Cumulative provision of personal information outside China100,000 individuals
Cumulative provision of sensitive personal information outside China10,000 individuals

Policy as at September 2026:

Transfers from the EU to a third country

MechanismCondition
Adequacy decisionThe destination country is recognised as equivalent (the US DPF, the Republic of Korea and others)
SCCsStandard contractual clauses plus a TIA
BCRsIntra-group, subject to approval

The two-track transfer route

Scenario: a Chinese AI company processes EU user data and transfers it back to China

  1. Check whether China is on the EU adequacy list — it is not.
  2. Sign the SCCs, Module 2 (controller to processor) — required.
  3. Carry out a TIA — required, assessing whether Chinese law affects the SCC obligations.
  4. Where the TIA identifies risk, adopt encryption, pseudonymisation and similar measures.
  5. Ensure that channels for the exercise of data subject rights remain available.

Automated decision-making: the differences

Article 24 of the PIPL

Article 22 of the GDPR

Two-track alignment

RequirementPIPLGDPR
TransparencyYesYes
Right to refuseYes, by a convenient meansYes, not to be subject to solely automated decisions
Human reviewImpliedYes, human intervention expressly required
Prohibition of differential treatmentYes, unreasonable differences expressly prohibitedCovered indirectly through the fairness principle
Option not based on personal characteristicsYesNo express requirement

The jurisdiction-specific approach

Privacy policy by jurisdiction

ContentChina versionEU version
Consent mechanismSeparate consent for sensitive information and cross-border transferExplicit consent or a legitimate basis
Transfer clauseSecurity assessment, certification or standard contractSCCs and a TIA
Data subject rightsAccess, correction, deletion, explanationAccess, rectification, erasure, restriction, portability, objection
Automated decisionsConvenient means of refusalHuman intervention
Data protection officerNot mandatoryMandatory in specified circumstances
Impact assessmentPIADPIA

Technical architecture by jurisdiction

ChoiceChinese usersEU users
Data storageServers in ChinaEU servers, or transfer under SCCs
Model deploymentNodes in ChinaEU nodes, reducing cross-border transfer
Data processingChinese entityEU entity or authorised representative
User verificationReal-name verification in ChinaGDPR-compatible verification

Action list

PriorityAction
P0Draft privacy policies and user terms by jurisdiction
P0Identify cross-border transfer scenarios and select the compliance route
P1Carry out a PIA (China) and a DPIA (EU)
P1Sign the SCCs and carry out a TIA
P2Deploy jurisdiction-specific data storage and model nodes
P2Establish channels for the exercise of data subject rights
OngoingMonitor regulatory change in both jurisdictions

Frequently asked questions

Q: We have only a small number of users in Europe. Do we need GDPR compliance? A: Yes. The GDPR applies to every undertaking processing the data of EU users, irrespective of size. Obligations such as the DPIA are triggered only where the processing is high-risk.

Q: Can the PIPL and GDPR privacy policies be combined? A: It is not advisable. The two regimes differ substantially on localisation, separate consent and transfer mechanisms, and a combined document may render the company non-compliant in one jurisdiction. A jurisdiction-specific approach is preferable.

Q: Our AI model is trained in China using EU user data. What is required? A: (1) The transfer from the EU to China requires SCCs and a TIA; (2) processing in China must comply with the PIPL; (3) where sensitive personal information or large-scale processing is involved, a DPIA in the EU and a PIA in China are required; (4) data subject rights must be protected in both jurisdictions.

Q: We have servers in China and store EU user data there. Is that a problem? A: There is a risk. The GDPR requires appropriate safeguards for transfers, namely SCCs with a TIA or an adequacy decision. China is not on the adequacy list, so the SCCs must be signed and a TIA carried out to assess whether Chinese law affects the SCC obligations.


This article is prepared on the basis of the Personal Information Protection Law (PIPL), the GDPR (Regulation (EU) 2016/679) and the Cyberspace Administration’s policy questions and answers on data export of September 2026. For assistance with multi-jurisdiction compliance, please contact Geason Law Offices.

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