Our China data privacy lawyers have been getting a steady stream of questions regarding our recent post, China’s New Cybersecurity Program: NO Place to Hide, regarding the Chinese government’s rolling out a new system for monitoring company data. These questions are coming from our readers, our clients and the media. Most are seeking answers to the following
The Chinese government has been working for several years on a comprehensive Internet security/surveillance program. This program is based on the Cybersecurity Law adopted on 2016. The plan is vast and includes a number of subsidiary laws and regulations. On December 1, 2018, the Chinese Ministry of Public Security announced it will finally roll-out the
China’s Cyberspace Administration Office recently issued Regulations on Network Protection of Children’s Personal Information (《儿童个人信息网络保护规定》) to take effect on October 1, 2019. These regulations set out general rules regarding online collecting and processing of personal information of children under the age of 14. General Duties of Network Operators According to the regulations, network operators shall:
Over the past few days, reports have emerged of a proposal to open China’s market to foreign streaming services. According to Tech Node, Beijing News reported that China would “allow foreign firms to provide … streaming services … by the end of the year”. This would be a radical departure from current policy and quite surprising in
Most established European and American companies that do business in or with China have already done a good deal to comply with the EU’s General Data Protection Regulation (“GDPR”), and maybe even the California Consumer Privacy Act (“CCPA”). They have likely drafted new privacy policies, re-designed their websites, and adopted more internal controls to be
The recent U.S. bans on Chinese technology companies (by adding them to the U.S. Export Administration’s Entity List) are not new but are a continuation of ongoing concerns with Chinese government deficiencies. This is the same Chinese government that requires Chinese organizations “support, cooperate with and collaborate in national intelligence work,” accelerating China’s great technological
Contents of this Article Implications and Practicalities of China’s E-Commerce Law China E-Commerce Definitions China E-Commerce Operators Impacts on Foreign Businesses Basic Aspects of the E-Commerce Law What Constitutes E-Commerce Activities Under Chinese Law? Are Foreign Businesses Subject to China’s New E-Commerce Law? Impacts on Foreign Brands Selling to China’s Consumers via Cross-Border E-Commerce AmCham
Following on the heels of China’s first internet court in Hangzhou, two more internet courts have recently been established in Beijing and Guangzhou. In the meantime, China’s Supreme People’s Court published the Provisions on Several Issues Concerning the Trial of Cases by the Internet Courts, 最高人民法院关于互联网法院审理案件若干问题的规定 (link in Chinese) (“Provisions”), clarifying the types of cases within the
The Shenzhen Court of International Arbitration (SCIA) of China recently published a case analysis on contract disputes between parties to a share transfer agreement involving cryptocurrencies. In this case, an unnamed applicant engaged the respondent to manage and invest in a pool of cryptocurrencies (Bitcoin, Bitcoin Cash and Bitcoin Diamond) on behalf of the applicant.
In the midst of our international lawyers handling a massive influx of foreign companies that manufacture in China looking to get out of China (See How to Leave China and Survive), we are also handling a much smaller (but increasing) influx of companies looking to sell their products online to China. We even have clients
