Bryan Cave Leighton Paisner (JD Supra China)

In light of the development of technology and the widespread use of internet to transmit data, personal data protection has become a hot topic nowadays as people became more aware of their right to privacy. This article aims to provide a general introduction to the relevant legal requirements regarding data protection in China, particularly in the context of collecting, processing and storing...

Every year around March, China’s two major political bodies, the National People’s Congress (“NPC”) and the Chinese People's Political Consultative Conference (“CPPCC”) meet for the “Two Sessions” to roll out plans for the country’s policies and priorities in the coming year. This year, the CPPCC commenced on 4 March 2021 and the NPC commenced on 5 March 2021 respectively.

PRC National Development and Reform Commission (the “NDRC”) and Ministry of Commerce (the “MOFCOM”) jointly published the Measures for the Security Review of Foreign Investment (the “Measures”) on 19 December 2020. The Measures will take effect on 18 January 2020.

In October 2020, China unveiled its draft law on personal data protection. Once promulgated, this law is going to be the first comprehensive set of PRC laws on personal data protection. The draft law comes with provisions for extraterritorial application, clarifications as to definitions and hefty fines.

COVID-19 outbreak has the world on high alert. As governments ramp up efforts to contain the spread of the virus, employers also need to be aware their obligations and take necessary precautionary measures at the workplace to protect the safety and health of their employees. In this article, we discuss some frequently asked questions.

On 18 September 2019, the China International Commercial Court (“CICC”) of the Supreme People’s Court of China published its first three rulings regarding the validity of arbitration agreements. The arbitration agreements in question were in the form of arbitration clauses in relation to a share transfer transaction.

What should you do when an antitrust dispute arises between the parties and your contract is governed by PRC law or Hong Kong law? Can you resolve the dispute by arbitration? If your contract is governed by PRC law, as suggested by a recent Supreme People’s Court case on the arbitrability of an antitrust dispute, the answer is probably no.

Immediately after the United States Trade Representative (USTR) proposed an additional duty of 25% on over 1300 categories of products from China, China’s Ministry of Commerce (MOFCOM) responded with its own proposed list of 106 US product types that will be subject to additional tariffs of 25%. The USTR’s announcement followed the March 22, 2018 publication of the USTR’s “Section 301”...

On Friday, March 23, 2018, following President Trump’s signing of an executive memorandum directing the U.S. Trade Representative to propose a list of unspecified tariff increases on what the White House suggested might total approximately US $60 billion worth of Chinese imports into the United States, China's Ministry of Commerce (“MOFCOM”) responded with plans for compensatory tariffs on 128 U.

Multinationals have come to realize that protecting intellectual property rights (“IPR”) with the assistance of the customs authorities is a key to success for their overall IPR protection in China. Recently, China Customs rolled out a 3-month campaign – “Longteng (Dragon Fly) Action” – beginning on September 1, 2017 (“Action”) to crack down on IPR infringements of exports from China.

Export control appears to be an overlooked area in China for years. Up until now in China, more focus was placed on the import side of international trade, which provides around one-third of the total revenue for the Chinese government.

On October 1, 2016, the Decision of the Standing Committee of the NPC on Revising Four Laws, Including the Law of the People’s Republic of China on Wholly Foreign-Owned Enterprises (the “Decision”) came into effect. The Decision replaced the previous “approval filing” system with the new “record filing” system for a number of routine corporate filings for foreign investment enterprises (“FIE”)...

On July 4, 2016, the State Administration for Industry and Commerce of the People's Republic of China (“SAIC”) issued the Interim Measures for the Administration of Internet Advertising (“Measures”), which will take effect on September 1, 2016. Composed of 29 articles, the Measures provide the definition for Internet advertisement, specific requirements/prohibitions for Internet advertising...

International investment arbitration – also known as investment treaty arbitration or investor-State arbitration – is a procedure whereby foreign investors may seek a binding adjudication of claims against host States that have either violated investment protection treaty obligations or, in some circumstances, breached their contractual commitments or their national foreign investment law. The...