China Proposes New Regulations for Car-Generated Data Export, Impacting Tesla and AI Development

Reviewed byNidhi Govil

2 Sources

China has released draft guidelines to regulate the export of data generated by cars, potentially affecting companies like Tesla. The rules outline scenarios requiring security assessments for data transfers abroad, particularly for autonomous driving and advanced driving assistance systems.

China's New Draft Regulations on Car-Generated Data Export

China has taken a significant step towards regulating the export of data generated by vehicles within its borders. On Friday, the country's industry ministry published draft guidance that could have far-reaching implications for automotive companies, particularly those involved in autonomous driving and advanced driver assistance systems (ADAS) 1.

Key Points of the Draft Guidance

The proposed regulations outline various scenarios where security assessments may or may not be required for companies seeking to transfer data abroad. One of the most notable aspects of the draft is the classification of data collected in China for training and developing autonomous driving or ADAS as 'important' data. This categorization means that such data would require approvals for outbound transfers 2.

Source: Reuters

Source: Reuters

Exemptions and Special Cases

The draft guidance does provide some exemptions. For instance, data processing companies registered in China's free trade zones would not require approval to transfer abroad any data that has not been classified as restricted by the free trade zone. This provision offers a potential avenue for companies to navigate the new regulations 1.

Impact on Tesla and Other Companies

These proposed regulations could significantly impact companies like Tesla, which has been actively seeking approval from Chinese regulators to transfer data collected from its fleet of over 2 million electric vehicles in China. Currently, this data is stored locally in Shanghai, but Tesla aims to transfer it back to the United States for training its autonomous driving algorithms 2.

The "Quandary" for Tesla

The situation is further complicated by restrictions from the U.S. side. Tesla is not allowed to train its AI software in China, a situation that CEO Elon Musk has described as a "quandary." This limitation undermines the performance of Tesla's Full Self-Driving software on Chinese roads, highlighting the complex interplay between data regulations and technological development across international borders 1.

Next Steps and Industry Response

The draft rules are currently open for public comment until July 13, providing an opportunity for stakeholders to provide feedback. As of now, Tesla has not immediately responded to requests for comment on the drafted rules. The final form of these regulations could have significant implications for the automotive industry, particularly in the rapidly evolving fields of autonomous driving and ADAS 2.

This development underscores the growing importance of data regulation in the automotive sector and highlights the challenges companies face in navigating different regulatory environments while developing global technologies.

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