Draft Rules Require Companies to Conduct Regular Data Compliance Audits

By Connie Chen and Maarten Roos On 3 August 2023, the Cyberspace Administration of China (CAC) released the Management Measures for Compliance Audits on Personal Information Protection (Draft for Comments). These Compliance Audit Measures, once adopted, will oblige all companies in China that handle personal information (PI), to complete regular audits on whether personal information is processed in accordance with the PRC Personal […]
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Collecting Data From China: What Companies Should Know

China has been a prime market for foreign investors seeking opportunities. Investors may now have to take steps to ensure data compliance as per the PIPL.
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Important Changes for Trademarks: How Brands Can Benefit

If your trademark application is refused due to the existing marks, you may decide to file a review procedure and try eliminating the cited marks.
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Q&A on Export of Personal Information under the Standard Contract

This Q&A deals with some of the more common questions raised by small-scale data exporters based in China, including many foreign-invested companies in the B2B segment, on the steps that they need to take to remain compliant with PRC laws.
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Personal Information Export: China Releases New Guidance

On 30 May 2023 the Cyberspace Administration of China released the "Filing Guide", providing guidance on how exporters of personal information should file Standard Contracts (SCs).
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Legal Briefing - Data Compliance - First Quarter 2023

In this Legal Briefing, we focus on data privacy compliance.
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Deadline for Security Assessment of Outbound Data Transfer

A key deadline is approaching; have you obtained approval from the Chinese government for cross-border transfer of personal data?
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New Rules for Small-Scale Exporters of Personal Information

The key takeaway is now clear: sign SCC’s with overseas recipients, complete a self-assessment, and file them with the CAC.
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China Relaxes Use of Superlative Adjectives in Advertising

China’s strict rules for advertising are often a challenge for Western brands that are trying to distinguish themselves in the market. One of the key issues is the use of absolute wording or superlative adjectives such as “national level”, “the highest level” and “best”, which is generally prohibited in China and can subject brands to heavy penalties under the PRC Advertisement Law (2021). Some articles that R&P previously published on legal compliance in advertisement:
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Insights into Good Corporate Governance for Chinese WFOEs

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.
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