China Lifts Restrictions in Value-Added Telecom Services

By Art Dicker and Matthew Ding On 10 April 2024, China’s Ministry of Industry and Information Technology (MIIT) issued the Notice on the Pilot Program for Expanding the Opening up of Value-added Telecommunications Services (Notice), aiming to loosen the foreign investment restrictions on certain Value-Added Telecom Services (VATS) in pilot areas. We digest the rules and implications for […]

How to Enforce Contracts in China

23 November 2023
Often the elephant in the room on any discussion of doing business in China is the enforceability of contracts. Navigating the legal landscape of contract enforcement in China can be a complex and often daunting endeavor. China’s legal system and economic dynamism in particular pose hurdles for foreign entities seeking to enforce contracts. The decision to initiate a lawsuit or arbitration case can be costly and cumbersome, especially when it involves cross-border disputes.

Strategies for Attorney-Client Privilege in Internal Investigations

8 October 2023
The intricacy intensifies in cross-border investigations, when navigating the divergence between the U.S.’s common law and China’s civil law systems.

Cross-Border Challenges for Internal Investigations in China

In 2021, China’s legislature enacted the Personal Information Protection Law, presenting a significant challenge for internal investigations.

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 […]

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.

Opportunities for Foreign SaaS Companies in China

More and more software solutions are being delivered via the cloud rather than locally installed. There is an enormous and growing market for these Software-as-a-Service (SaaS) offerings in China. Many of the most advanced global SaaS companies are American, and it is no surprise that these firms’ technology are often the leading products in China.

China’s New Data Security Law

With online data privacy protection not having been a priority for too long, companies should be aware that China is now stepping up its game with the new Data Security Law (DSL) that was passed on 10 June 2021 and comes into effect on September 1, 2021. A separate draft of the Personal Information Protection Law (PIPL) has also been in draft circulation and is expected to be passed and come into effect at the end of 2021.

China’s Company Chop System and Risks to Foreign Investors

Since June 2020, a fight over the control of the China subsidiary of ARM, a leading semiconductor company, has centered around the possession of the company chop. ARM was reported to have fired its head of China, Allen Wu, who is still registered as the legal representative of ARM China. With control over the company chop and business licenses, Wu would seem to have a powerful weapon to use as a bargaining chip with ARM’s shareholders outside of China, even though there is no doubt he will eventually be removed from his position. How can physical possession of the company chop cause so much trouble for ARM’s shareholders?