The PRC National People’s Congress on October 26 enacted the long awaited Encryption Law (密码法）, which will come into effect on January 1, 2020. The official text of the law can be found here and an English language summary can be found here: The Law is another piece of the comprehensive cybersecurity system China is rolling
Pull out and look at your contract with your Chinese counter-party. Does it have a force majeure clause? If it does not, put it away and count yourself lucky. If it has a force majeure clause, pour gasoline or lighter fluid or nail polish all over it and light it. JUST KIDDING. Well only sort
You Need an NNN Agreement for China IP Protection Relying on a standard Western-style NDA to protect your IP from China sets you up for IP theft because NDAs have critical limitations that render them ineffective for China. You need an NNN agreement tailored specifically for China. This post explains what an NNN agreement is,
Contents of this Article: The Situation: Foreigners at Risk in China The Inconsistency of Chinese Law and Punishment Important Points of Chinese Criminal Law The Risks of Working and Living in China The Increasing Risk of Doing Business in China Stay Within Chinese Law How Can You Protect Yourself and Your Company A NOT New
Employee terminations in China are almost never easy and employer-initiated unilateral terminations are exponentially more difficult. Foreign companies terminating their employees in China can and often do get tripped up when they attempt unilateral employee terminations. Consider this hypothetical. Employee is a regular, full-time employee of Employer. Employer and Employee executed a few fixed-term employment
A China employment contract must specify the employee’s working hours and the working hours system under which the employee will work. The employee contract for an employee working under the standard hours system must state the employee will have “standard” working hours (this generally means 8 hours a day and 40 hours a week) and
Somewhat paradoxically, increasing tension and tariffs between the United States and China seem only to drove more companies to want “to go into China.” See Why NOW Is a Good Time to Double Down on Doing Business in China. Most of these companies looking to go into China are companies that sell something to China
Foreign companies doing business in China are abuzz with news and rumors regarding China’s plans to set up what will essentially be a social credit system for companies that do business in China. In China is building a ‘comprehensive system’ for tracking companies’ activities, CNBC does a great job explaining what this new system will
Companies importing goods into the United States can find themselves having to respond to a U.S. Customs and Border Protection (“CBP”), Request for Information (CBP Form 28) or what may be worse, a CBP Notice of Action (CBP Form 29). CBP Form 28 – Request for Information is a tool routinely used by CBP to
A few months ago, we did a post titled, Want to Keep Your Business in China? Do These Things NOW. We wrote that post because we were (and still are) seeing a massive uptick in foreign companies getting into legal trouble with the Chinese Government. China’s government has a long history of cracking down on
