Policy Background: Data Compliance Becomes a New Threshold for Global Competition

As global data protection regulations tighten (with EU GDPR fines exceeding 5.3 billion euros), Chinese companies face multiple compliance challenges in cross-border marketing. In 2025, the Cyberspace Administration of China’s “Provisions on Promoting and Regulating Cross-Border Data Flows” (the “Provisions”) further refine operational standards, while new cross-border e-commerce tax policies have been implemented, signaling a shift from “strict regulation” to “facilitation.”

Key Driving Factors:

• International Pressure: Europe and the US are establishing new trade barriers through data localization and cross-border flow restrictions, compelling Chinese companies to strengthen compliance capabilities.
• Technical Risks: New technology scenarios such as connected vehicles and AI marketing tools increase data breach risks, requiring lifecycle management.
• Economic Demands: China’s digital trade continues to expand, with global digital trade expected to reach $257 billion in 2025, making compliance a “passport” for overseas expansion.

Data Compliance Policy Interpretation: From “One-Size-Fits-All” to “Scenario-Based Exemptions”

1. Key Points of the “Provisions on Promoting and Regulating Cross-Border Data Flows”

• Expanded Exemption Scenarios: Non-sensitive data transfers for international trade, cross-border transportation, and academic cooperation no longer require security assessments or standard contracts, prioritizing business efficiency.
• Tiered Management Mechanism: Thresholds based on data export scale:
  – Below 100,000 individuals: Complete exemption
  – 100,000-1,000,000 individuals: Security assessment exemption
  – Over 1,000,000 individuals: Mandatory reporting
• Free Trade Zone Pilot Programs: Shanghai, Greater Bay Area, and other free trade zones can establish localized data lists and explore flexible “onshore offshore” flow models, prioritizing cross-border e-commerce and supply chain management.

2. New Compliance Requirements for Automotive and E-commerce Companies

• Automotive Case: Connected vehicles require lifecycle data management. Example: Volkswagen was fined €1 million in the EU for failing to identify road test data collection. A “Seven-Step Data Cross-Border Method” is recommended for automakers, including scenario mapping, risk monitoring, and employee training.
• E-commerce Tax Reform: Implements “exit-and-refund” system for cross-border e-commerce exports to overseas warehouses, allowing pre-declaration of tax refunds with customs declarations, reducing capital pressure.

Cross-Border Marketing Policy Benefits: Tax Optimization and Global Cooperation

1. Implementation of “Exit-and-Refund” Policy for Cross-Border E-commerce

Operational Points:

• Goods with customs supervision code “9810” can apply for tax refunds immediately after export, with flexible accounting for sold/unsold goods
• Requires retention of overseas warehouse orders, sales vouchers, and other supporting materials for tax authority verification

Impact: Expected to reduce enterprise capital turnover cycle by 30%, accelerating small and medium-sized e-commerce expansion into overseas warehouses

2. New Global Digital Trade Cooperation Rules

Multilateral Agreement Highlights:

• Simplified digital identity verification processes, promoting platform interconnection and data sharing
• Established cross-border dispute coordination mechanisms, reducing legal risks

Business Opportunities: Cross-border livestreaming and social e-commerce models can leverage policy benefits to quickly connect with multiple markets

Technology Empowerment: Privacy Computing and Blockchain as Compliance Tools

• Privacy Computing: Federated learning and multi-party secure computing technologies now applied to financial risk control and cross-border medical data, achieving “usable but invisible data”
• Blockchain Verification: Beijing and Shanghai data exchanges utilize blockchain for data rights confirmation and transaction tracing, providing trusted credentials for cross-border marketing
• AI Compliance Tools: Smart data classification systems automatically identify sensitive information, reducing manual review costs by 70%

Recommendations for Businesses

Localization Strategies for Swiss and Korean Partners

Data Compliance Adaptation:

• Following EU GDPR requirements, marketing data storage needs localization, with privacy computing technology for user behavior data
• Compliance with the Personal Information Protection Act requires explicit user consent for cross-border transfers; recommended to adopt a “minimum necessary” principle for data collection

Tax and Logistics Optimization:

Leverage “exit-and-refund” policy with regional overseas warehouses in Incheon, Korea and Zurich, Switzerland to shorten delivery cycles

Building Long-term Competitiveness

• Participate in Standard Setting: Join free trade zone data cross-border pilots to gain policy advantages
• Technology Investment: Implement blockchain verification platforms to improve cross-border data audit efficiency

Case Studies and Resource Recommendations

• Automotive Compliance Case: A Chinese new energy brand achieved zero violations in the European market through the “Seven-Step Data Cross-Border Method,” reducing customer acquisition costs by 20%
• E-commerce Tax Refund Case: A home furnishing brand improved overseas warehouse turnover efficiency by 35% and quarterly GMV by 50% using the pre-tax refund policy
• Recommended Tools:
  – Compliance Detection: Tencent Cloud Data Security Audit Platform (supporting multiple standards including GDPR, PIPL)
  – Cross-border Payments: Ant Chain Cross-border Trade Solutions (integrating blockchain and privacy computing)