Davis Wright Tremaine LLP (JD Supra China)

On August 25, 2017, the Cyberspace Administration of China (“CAC”) issued the Administrative Provisions for Services concerning Internet Comment Posting (the “Internet Comment Posting Provisions”) and the Administrative Provisions for Services concerning Internet Forums and Communities (the “Internet Forum and Community Services Provisions”), both of which will become effective on October 1, 2017.

With the exponential growth of online gaming (particularly mobile gaming) in China, more and more western content providers are entering the Chinese gaming market and seeking to protect their businesses in China’s courts against Chinese copycats. Since the life span of most online games, particularly mobile games, is relatively short compared to the time it takes for a lawsuit to work its way...

On June 10, 2017, the Cyberspace Administration of China (the “CAC”) released the Draft Regulations on the Security Protection of Critical Information Infrastructure. The CAC is seeking public comments with a deadline of August 10, 2017. The final version will likely be announced soon after that date.

Several years ago, internet news in China was published almost entirely through internet portals. Today there are many additional news channels, including mobile apps, microblogs, official accounts, etc. In response to this growing diversity, the Cyberspace Administration of China (the “CAC”) issued the Administrative Provisions for Internet News Information Services (the “New Rules”) on May 2, 20

For the past several years, the Cyberspace Administration of China (the “CAC”) has risen to a very important status among the Chinese national government’s agencies. However, it lacks a specific procedural law to empower it with specific enforcement actions. Against this background, the CAC issued the Provisions on Administrative Law Enforcement Procedures for Internet Information Content...

The Cyber Security Law was adopted in November 2016 and will become effective on June 1, 2017. The Cyber Security Law creates a new concept of Critical Information Infrastructure (“CII”). The operators of CII are subject to the obligation of data localization under Article 37 of the law. It requires that any personal information and important data collected or generated during the operation of...

Online gaming in China represents one of the largest and fastest growing internet business sectors in the world. In 2016, the online gaming industry in China saw an unprecedented total market value of RMB 165 billion (or approximately $24 billion USD). Unfortunately, many in the global online gaming world suggest that revenue from game infringement contributed to this figure.

For the past 20 years, Shanghai has been the home for regional headquarters (“RHQs”) for multinational companies that have extensive investments in China. By the end of 2016, 580 RHQs were established by multinational companies in Shanghai, such as GE, Citigroup, General Motors, Nike and many other Fortune 500 corporations. These RHQs not only created various job opportunities but also made...

China's 2015 State Security Law, which substantively amended and supplemented its first version issued in 1993, lays down the foundations for cyber security review. The law provides that the state needs to build a network and information security safeguard system to enhance network and information security protection capabilities, and ensure that network and core information technology, critical...

On Sept. 2, 2016, the General Administration of Press Publication Radio, Film and Television of the People’s Republic of China (the “GAPP”) released the Circular on Several Issues for Strengthening the Administration of Internet-Based Live Broadcasting Services (the “GAPP Circular”), which took effect immediately. The government determined that this regulation was not sufficient and additional...

China’s e-commerce market, with an annual turnover of more than 3.8 trillion yuan last year, has become the largest in the world. The various laws and regulations that were enacted by different authorities at different times can no longer keep up with the new issues and new challenges. With the foregoing background, Chinese lawmakers recently posted the draft China E-Commerce Law (the “Draft E-Com

On Nov. 7, 2016, the official and finalized version of the Cyberspace Security Law (the “CSL”) was approved by the Standing Committee of the National People’s Congress and signed off by Chinese President Xi Jinping. Under the CSL, the Chinese government has, for the first time, claimed sovereignty over cyberspace, asserting all the attendant rights and powers that such sovereignty grants, with a...

I. Highlights of the New Regulation - On September 6, 2016, a new Chinese regulation regarding fees for the use of bankcards (“Interchange”) in the PRC became effective. For these purposes, Interchange is comprised of fees charged by the card issuer, fees charged by the payment network and fees charged by the acquirer.

China’s foreign investment regulatory landscape is undergoing another wave of major revamping since China amended its Company Law and the implementation guidelines regarding the registered capital of foreign-invested enterprises (FIEs) two years ago. The long-standing approval-based market entry system for foreign investors in China is expected to migrate toward a recordation-based system, which...

On July 4, 2016, China’s State Administration for Industry and Commerce (“SAIC”) issued the Interim Measures for the Administration of Internet Advertising (“the Interim Measures”), which will take effect on Sept. 1, 2016. Upon coming into force, the Interim Measures will govern all advertising activities conducted over the Internet, together with the Advertising Law of the People’s Republic of...

Understanding the payments regulatory environment in China—both the existing regime and pending developments—is essential for companies engaged in cross-border payments activities (particularly non-financial institutions). At the recent 2016 Digital Payments Intensive in London, DWT Payments team member Vincent Wang, a partner in our Shanghai office, offered insight on regulations and trends in...

On Feb. 4, 2016, China’s State Administration of Press, Publication, Radio, Film and Television (“SAPPRFT”) and the Chinese Ministry of Industry and Information Technology jointly released the Administrative Rules on Network Publication Service (the "New Rules"), which took effect on Mar. 10, 2016. Since their release, the New Rules have sparked controversy and concern among critics and netizens.

On Jan. 11, 2016, the Cyberspace Administration of China (the “CAC”) issued an announcement to solicit public comments on a draft amendment to the Administrative Rules on Internet News Information Service (the “Draft Amendment”). The deadline for submitting comments is Feb. 15, 2016.

On Dec. 28, 2015, the Ministry of Industry and Information Technology of the People’s Republic of China (“MIIT”) issued the Catalog of Telecommunication Business (2015 Edition) (the “2015 Edition”), which will take effect on March 1, 2016. The Catalog of Telecommunication Business defines and classifies almost all types of telecommunication and online business in China, and functions as the basis

Amid controversies, the Anti-Terrorism Law of the People’s Republic of China (“Anti-Terrorism Law”) was promulgated by the Standing Committee of the National People’s Congress of China (“SCNPC”) on Dec. 27, 2015, and will become effective on Jan. 1, 2016. Several clauses in this Anti-Terrorism Law will likely have significant impact on telecom service and online business in China.

In September, Gary Locke, former U.S. Ambassador to China, Secretary of Commerce and two-term Governor of the State of Washington, returned to Davis Wright Tremaine as a Senior Advisor. Ambassador Locke’s return sparked a question among our attorneys about family business in China and how it compares to family business operations in the United States.

On Oct. 29, 2014, in a routine working session, the China State Council determined that the Chinese government would “open” bank card acquisition and settlement businesses in China. Qualified Chinese domestic and foreign investors may apply to establish bank card acquisition and settlement businesses in China and to process Chinese domestic bank card transactions.

Although laws targeting Internet-based content have lagged behind in China, the Chinese government has made sweeping changes over the past two years—most recently last fall—that extend offline legal protections to the virtual world. These developments will require online publishers to change their practices and possibly face greater exposure to privacy and reputational claims.

On Jan. 5, 2015, the Chinese State Administration for Industry and Commerce (“SAIC”) promulgated the Penalty Measures for Infringement on the Rights and Interests of Consumers (the “Measures”), which will take effect on March 15, 2015. The purpose of the Measures is to crystalize certain requirements provided in the Law on the Protection of the Rights and Interests of Consumers (“Consumer...

On Jan. 19, 2015, the Ministry of Commerce of China (“MOFCOM”) published the draft of the Foreign Investment Law (“draft”) to solicit public comments. The draft, once finalized, will replace the existing Foreign Invested Company Law, the Sino-Foreign Equity Joint Venture Law, and the Sino-Foreign Cooperative Joint Venture Law (collectively, the “Three Foreign Investment Laws”).

On Jan. 6, 2015, China’s State Administration of Industry and Commerce ("SAIC") issued an announcement to solicit the second round of public comments on the draft of Interim Rules on the Administration on Online Mass Promotion of Goods and Service ("Draft Rules"). The first round of comments was closed on Dec. 8, 2014, and the deadline for submission of the second round of comments is Feb. 5, 2015

“Labor dispatch” is an arrangement under which an employee is hired by an employment agent (i.e., nominal employer) and then dispatched to work for another company (i.e., actual employer). Typically, there would be (i) an employment agreement between the employment agent and the employee and (ii) a business service agreement between the employment agent and the actual employer.

On Sept. 6, 2014, the Ministry of Commerce (“MOFCOM”) promulgated the Administrative Measures for Outbound Investment (“2014 MOFCOM Measures”), replacing the original Administrative Measures for Outbound Investment that was in effect since March 2009 (“2009 MOFCOM Measures”). These measures are a meaningful step in facilitating outbound investment by Chinese companies consistent with China’s “Go...

As the medical device industry in China continues accelerated growth, investors seek to capitalize on a roughly $65 billion market that is growing at an annual rate of 21 percent. Under recent changes to the regulatory framework governing medical devices, this will become an industry more accessible to investors in China, although newcomers must be familiar with various compliance requirements in

The Chinese government recently issued several reform measures intended to open up its gas industry to foreign oil and gas developers. An inflow of foreign capital and technology, it is hoped, will spur construction of the midstream infrastructure needed to jump-start growth in domestic gas production.