In Part I of our alert about China’s new safe harbor rules, we discussed key developments between the draft Provisions on Regulating and Facilitating Cross-Border Data Flow (Chinese version only) and the Provisions on...more
Six months after the Cyberspace Administration of China (the CAC) sought public consultation on the draft Provisions on Regulating and Facilitating Cross-Border Data Flow (the Draft Provisions, Chinese version only), the...more
China is seeking to take a significant step to relax the compliance burden on multinational corporations (MNCs) regarding data export from China by allowing: (i) certain routine data exports for daily business operation or...more
On 1 June 2023, new measures explaining the requirements for using the standard contract (China Standard Contract) mechanism to legally export personal information from China as well as the form of the “standard contract”...more
In this episode, partners Amigo Xie, Corey Bieber, and Whitney McCollum focus on the China Data Privacy laws, the recent China Standard Contract that took effect 1 June 2023, and the effects and restrictions it may have on...more
In our previous posts, we discussed what data export activities are subject to scrutiny assessment (CAC Assessment) conducted by the Cyberspace Administration of China (CAC) (see Part 1) and examined what companies must do...more
In a recent alert, we painted the big picture of the security assessment conducted by the Cyberspace Administration of China (CAC) to data exporting activities from China (CAC Assessment), highlighting what data export...more
With the rapid development of the global digital economy, multinational companies (MNCs) have been forced to find legally compliant ways to transfer data across borders. In the past, many MNCs relied on data transfer...more
As China enhances its cybersecurity and data protection regime, the processing of personal information, and in particular the information of customers and employees, has come into focus under the Personal Information...more
Multinational entities with operations in or having business with the People’s Republic of China (PRC) should take note of the PRC’s new Personal Information Protection Law (PIPL), which took effect on 1 November 2021 and is...more
The Personal Information Protection Law (PIPL), which is considered the first comprehensive law on personal information protection in People’s Republic of China (PRC or China), came into effect on 1 November 2021. Prior to...more
On 30 July 2021, the State Council promulgated the Regulations on the Security Protection of Critical Information Infrastructure (the Regulation), which took effect on 1 September 2021. This Regulation dovetails with the...more
On 24 July 2021, the State Administration for Market Regulation (SAMR) of the People’s Republic of China (PRC) made and announced an administrative penalty decision in the case concerning the illegal concentration of...more
This step-by-step guide sets out the actions to be taken upon discovering an infringement of an intellectual property right (IPR) in the People’s Republic of China (China). The IPRs addressed in this guide include copyright,...more
On 10 June 2021, the Standing Committee of the National People’s Congress reviewed and approved the Anti-Foreign Sanctions Law (the AFSL), which took effect on the same day. The AFSL was enacted within two months and without...more
On 10 June 2021, the Standing Committee of the National People’s Congress of China (NPCSC) approved the enactment of Data Security Law (the DSL) of the People’s Republic of China (PRC), which will take effect on 1 September...more
Background - The Chinese government’s approval of the Sinopharm and Sinovac vaccines have paved the way for the general public in China to get vaccinated. As a result, some companies are questioning the benefits and legality...more
The PRC Civil Code and the Supreme Court Interpretation on Application of the Relevant Security Provisions in the Civil Code (the Interpretation) that came into effect on 1 January 2021 have both altered the position of...more
On 19 December 2020, the National Development and Reform Commission (NDRC) and the Ministry of Commerce (MOFCOM) have jointly issued the Measures for the Security Review of Foreign Investment (Measures), with effect from 18...more
The full text of the Law of the People’s Republic of China on Personal Information Protection (Draft) (the Draft) was released on 21 October 2020 for public comments by 19 November 2020....more
The medical device industry in China is highly-regulated and China adopts a “pre-market” recordation or approval system for medical devices. Before any medical device can be manufactured, imported, distributed, or sold in...more
On 20 April 2020, the Anti-Monopoly Bureau of the State Administration for Market Regulation of China (SAMR) made a simplified pre-merger filing announcement on its website of its acceptance of a pre-merger control filing for...more
The coronavirus disease 2019 (“COVID-19”) outbreak that started in December 2019 has stirred novel responses globally, including Chinese cities that are homes to millions of people being sealed off before the Chinese New Year...more
The Foreign Investment Law of China (the FIL), together with its Implementation Rules and related People’s Republic of China (PRC) Supreme People’s Court Interpretation, came into effect on January 1, 2020....more
On January 18, 2019, Hong Kong and China signed the Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and of the Hong Kong Special Administrative...more