China Data Compliance through Personal Data Protection Impact Assessment

16 November 2022
China is determined to protect personal information and has passed several laws to achieve this goal. Regulatory agencies are taking a closer look at the treatment of personal data and enforcement of the relevant laws should be taken into considering for regular business activities. As the authorities tighten up regulation and supervision, businesses need to take measures to meet the higher demands on personal data compliance. 

New Implementing Regulations for Data Exports in China: What Do They Mean for My Company?

By Art Dicker, Matthew Ding & Robin Tabbers China has recently issued new implementing regulations for its trinity of data protection laws - the 2017 Cybersecurity Law (“CSL”), the 2021 Data Security Law (“DSL”) and particularly the 2021 Personal Information Protection Law (“PIPL”). We were overdue for some clarifications from the Cybersecurity Administration of China […]

Setting up Foreign-invested Companies (WFOE’s) in China: Key Topics

13 June 2022
Incorporating a Chinese subsidiary (often referred to as a wholly foreign-owned enterprise, WFOE) is the most common way for a foreign company to establish a presence on the Chinese mainland. A WFOE is a separate legal entity that can enter into its own contracts and have its own employees, and is the equivalent to limited liability company such as a B.V. in the Netherlands or a GmbH in Germany.

China Lowers Prosecution Standards for Commercial Crimes

26 May 2022
Effective 15 May 2022, new provisions set lower thresholds for criminal cases to be filed for commercial bribery, such as offering or accepting bribes not involving officials, embezzlement and misappropriation of funds. One of several recent initiatives to strengthen China’s approach to dealing with commercial crimes, the new rules will make it easier and more likely for the criminal authorities to prosecute individuals and entities that engage in these crimes. This could also trigger businesses in China to review their internal compliance policies, to ensure that these align with the new thresholds.

Insights into Good Corporate Governance for Chinese WFOEs

28 April 2022
With decades of experience providing high-quality legal services to foreign investors doing business in China, and in particular greenfield investments, foreign investors often ask us about officer assignments to their Chinese subsidiary and officer liabilities under Chinese laws. Taking the WFOE – the wholly foreign-owned enterprises, a limited company wholly-owned by foreign investors and the predominant vehicle for foreign investment into China – as an example, we look at the topic of good corporate governance from both a legal and a practical perspective.

Shanghai Lockdown: Legal Strategies to Cut Employment Costs

26 April 2022
The lockdown in Shanghai of April 2022 has already caused a lot of difficulties to foreign-invested companies. Some of these may be temporary, with certain facilities (delivery, banks) not operating and offices closed. For example:

IP Enforcement on Taobao and Tmall

6 April 2022
Taobao and Tmall (both part of the Alibaba Group) are two of China’s most popular online market places, not only for brands but also for counterfeiters. Both platforms have established an elaborate set of rules to counter infringements involving trademarks, copyrights, and patents (inventions, utility models, industrial designs).

Sexual Harassment: Employer Responsibilities and Compliance in China

6 January 2022
In a recent case, a manager of e-commerce giant Alibaba Group Holdings was accused of sexually assaulting a subordinate in August 2021. This case brought the issue of sexual harassment at the workplace into the Chinese public sphere. The police investigated and the manager was dismissed, but Alibaba also took this opportunity to announce the establishment of a "Working Environment Committee" as decision-making body for work-related matters including sexual harassment.


10 November 2021

A Practical Take on China’s New Personal Information Protection Law

For over a decade, we have written client alerts on data privacy in China starting with the sentence: China does not have a comprehensive set of data privacy laws. Well that is finally no longer the case.
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