On March 22, 2024, following nearly six months after the publication of the Provisions on Promoting and Regulating Cross-border Data Flows (Draft for Solicitation of Comments), the Cyberspace Administration of China (“CAC”)...more
On July 6, 2023, the Supreme People’s Court of China (“SPC”) issued the 32nd batch of seven labor dispute guiding cases ("Guiding Cases"). Among them, one case attracts special attention of foreign invested enterprises...more
Under China’s data protection regulatory framework, data processors are required to pass a security assessment conducted by the cybersecurity regulator before transferring certain categories or volumes of data out of China....more
To fight against a new wave of the Omicron-dominated pandemic in Shanghai, the Chinese government imposed a two-month full lockdown in the city beginning at the end of March 2022, confining around 25 million residents to...more
It is increasingly common for multinational corporations (“MNCs”) to offer equity-based incentive benefits to employees based in different countries, including China, to recruit and retain the best talent. To implement...more
The regulatory landscape in China around data protection and flows continues to develop. Since the 2017 Cybersecurity Law, China has been refining the legal and regulatory framework for data protection—it has implemented new...more
On October 29, 2021, the Cyberspace Administration of China ("CAC") published the "Draft Measures on Security Assessment of Cross-Border Data Transfer" ("Draft Measures") for public comment, which outlines the requirements...more
In China, the Valuation Adjustment Mechanism ("VAM") has long been frequently used in corporate financing transactions, especially in PE investments. VAM is a contractual provision that allows for the adjustment of the target...more
China’s long-waited Personal Information Protection Law (“PIPL”) was finally enacted on August 20, 2021, and will take effect on November 1, 2021. PIPL, which supplements the existing privacy rules established by the...more
Potential penalties for companies and individuals that comply with foreign sanctions law have been introduced by a series of legal developments in China that could make it difficult for those doing business in China to find...more
On April 29, 2021, the national legislator in China released the second draft of the Personal Information Protection Law (“PIPL”) to collect public comments until May 28, 2021. The updated draft substantially follows the...more
Seyfarth Synopsis: The People’s Republic of China is making progress in implementing its mandatory “social credit system.” Multinational businesses in China should be watchful of this system, and ready for it when it rolls...more
Seyfarth Synopsis: Bilateral social security agreements between countries play an important role in facilitating the cross-border movement of employees, as they reduce exposure to the simultaneous application of the relevant...more
9/27/2017
/ Bilateral Agreements ,
China ,
Cross-Border ,
Employer Liability Issues ,
Exemptions ,
Expatriates ,
Multinationals ,
Pensions ,
Social Security ,
Spain ,
Unemployment Insurance
The Chinese Ministry of Human Resources and Social Security (“MHRSS”) implemented the Measures on Publication of Significant Violations of Labor and Social Security Laws (“Measures”) effective January 1, 2017. The Measures...more
Seyfarth Synopsis: A new Work Permit Policy (Policy) is being implemented in China. The Policy had been initially implemented, from October 2016 to March 2017, through a pilot program in a number of regions including...more
All enterprises in China may soon be subject to a new rule governing how they export personal information and important data. Under the draft rules, companies that export data will have to undergo regular self-assessments of...more
Seyfarth Synopsis: An environmental remediation technologies company is in the midst of litigation in Chinese courts over a $1.2 million contract to provide its technology to a Chinese company. According to the Chinese...more
The Chinese Ministry of Human Resources and Social Security (MHRSS) has launched a new nationwide grading system to evaluate employers’ employment law compliance. This system has been put in place via the Measures for the...more
The National People's Congress Standing Committee has now finalised the new Cyber Security Law ("CSL"), to take effect on 1 June 2017. The fast development of the internet in China has caused a rapid escalation of security...more
The Chinese regulatory regime governing e-commerce has been constantly evolving as domestic and cross-border e-commerce continues its rapid growth. Recently, the regulatory environment has opened up in several ways:...more
The current Chinese foreign investment laws were enacted decades ago. Under these laws the approval process is typically time-consuming and burdensome for a foreign investor. In an attempt to streamline the regulatory...more
Effective August 1, the rules around salary payment practices are now more practical for employers in Shanghai, thanks to an update to the Municipal Enterprises Salary Payment Regulation (“Updated Regulation”). An employer in...more
Seyfarth Synopsis: The Chinese Ministry of Environmental Protection has just announced criminal, civil, and administrative enforcement statistics, and put companies on notice that those who violate environmental laws and...more
In February 2016, China’s General Office of the State Council issued its Opinion on Strengthening Management of the Service for Foreigners’ Permanent Residency (“Opinion”), setting out a framework for the development of less...more
A policy shift has been taking place in China: governments are encouraging increased procreation by Chinese couples, and the “One-Child Policy” is being replaced by incentives that encourage citizens to marry earlier and have...more