Dentons (JD Supra China)

A new framework will be introduced for the cooperation between the courts of Hong Kong and Mainland China on cross-border corporate insolvency. The Secretary for Justice, Ms Teresa Cheng SC, and Vice-president of the Supreme People’s Court (SPC), Mr Yang Wanming, signed a Record of Meeting in Shenzhen on 14 May 2021 to signify the consensus on the mutual recognition of and assistance to...

Status – Has any special status been introduced? No lockdown. The country has come out of lockdown and is focusing on a return to normality.

On April 28, 2021, Ministry of Commerce (MOFCOM) issued Announcement No. 10 "Guiding Opinions of Ministry of Commerce on Establishing the Internal Compliance Program for Export Control by Exporters of Dual-use Items" (the “Compliance Guideline”).

Recently, the Standing Committee of the 13th National People’s Congress, China’s top legislature started its 28th session to review multiple draft laws and amendments, among which, the widely-expected drafts of the Personal Information Protection Law (PIPL) and the Data Security Law (DSL) were submitted for the second review.

On April 10, 2021, the State Administration for Market Regulation (“SAMR”), the national antitrust enforcement agency of China, released its penalty decision against Alibaba, one of the world’s largest e-commerce companies. SAMR held that Alibaba has abused its dominant position in China’s online retail platform market by a practice called “choose one from two”...

No lockdown. The country has come out of lockdown and is focusing on a return to normality. Measures are in place to monitor the temperature and general health of shoppers. Measure the temperature of persons before entering the majority of the retail units. Check a real-time digital health code[1] of persons before entering some retail units in several cities and provinces (e.g. Beijing,...

No curfew, no emergency status. Special measures apply. Prohibition on Group Gathering (effective until January 27, 2021) Subject to exemptions, No. of persons allowed in group gatherings: 2 No. of persons allowed in wedding ceremonies at which no food or drink is served: 20 For shareholders' meeting of a listed company that is held in accordance with any Ordinance or other regulatory...

On October 21, 2020, China released the first draft of Personal Information Protection Law (hereinafter the “PIPL” or “Draft”) for public comments. The PIPL is regarded as the “Chinese GDPR” and widely believed to have significant influence on the development of many industries especially the digital business.

There is no doubt that 2020 is an unprecedented year in human history. Starting in late 2019, COVID-19 has lasted more than one year and struck every aspect of human activities, and the carbon trading industry is no exception. Please see full Publication below for more information.

On October 21, 2020, China released the first draft of Personal Information Protection Law (hereinafter the “PIPL” or “Draft”) for public comments. The PIPL is regarded as the “Chinese GDPR” and widely believed to have significant influence on the business operation of many industries especially the digital business.

Foreign NGOs have been gradually operating in China since China opened up in early 1980s, and reached a peak after China’s accession to the WTO in 2001. Before the Administrative Law on Activities of Overseas NGO within Mainland China (the “Foreign NGO Law”) became effective on 1 January 2017, the law related to foreign NGOs were scattered in multiple regulations, and most foreign NGOs operate in

After extensive public consultation, the Administrative Measures for Trading of Carbon Emission Rights (for Trial Implementation) (《碳排放权交易管理办法（试行）》in Chinese) (Administrative Measures) were officially promulgated by the Ministry of Ecology and Environment (MEE) on January 5, 2021.

In the case of import/export of goods, a related party transaction (Related Party Transaction) refers to a transaction method and form commonly used by multinational enterprises in world trade.

On December 19, 2020, China’s National Development and Reform Commission (“NDRC”) and Ministry of Commerce (“MOFCOM”) released anticipated “Measures for the Security Review of Foreign Investments” (the “Measures”). As part of the new foreign investment regulatory framework under the China’s Foreign Investment Law that went into effect on January 1, 2020, the Measures will become effective on...

The national security review of foreign investment is not a novel topic throughout the world. Nor is it alien to China. China has implemented the national security review regime for years, but it will enter a new era by unveiling a new regulation recently. On December 19, 2020, the National Development and Reform Commission (“NDRC”) and the Ministry of Commerce (“MOFCOM”) jointly issued the...

On November 19, 2020, the State Administration for Market Regulation and the Standardization Administration jointly issued the Information Security Technology – Guidance for Personal Information Security Impact Assessment, which will come into effect on June 1, 2021. The formal version basically follows the requirements in the draft version published in 2018 with certain adjustments in wording...

Another “double eleven” – the most-celebrated Chinese shopping festival around 11th November – just ended this year, again with record-breaking sales number. However, the digital shopping platforms in China spent this “double eleven” with mixed feelings. Along with the shopping season came a regulatory document which targets digital platforms specifically. On 10 November 2020, the central...

Since December 2019, after three deliberations, the 22nd meeting of the Standing Committee of the 13th National People’s Congress promulgated the Export Control Law of the People’s Republic of China (the Export Control Law) on October 17, 2020. This means that China has enacted its first comprehensive and unified legislation in the field of export control, which will better promote and lead China’

In August 2020, the long-anticipated Antitrust Guidelines for the Automobile Industry ("the Guidelines") finally lifted its veil in the book Collection of Antitrust Regulations and Guidelines 2019 authored by the Anti-Monopoly Bureau of China's State Administration for Market Regulation (“SAMR”). It has been four years since its last draft for public comments, and though its validity is still in...

In June 2020, China’s national enforcement authority, the State Administration for Market Regulation (“SAMR”) published a book titled the 2019 Compilation of Antitrust Regulations and Guidelines. Remarkably, the book disclosed four antitrust guidelines that were officially introduced by the State Council’s Anti-monopoly Commission on January 4, 2019 but never released ever since, namely the...

In August 2020, China’s antitrust authority, the State Administration for Market Regulation (“SAMR”), made public the Guidelines on the Application of Leniency Mechanism in Horizontal Monopoly Agreement Cases (“Leniency Guidelines”) by publishing its new book on antitrust regulations and guidelines. The Leniency Guidelines was authored by China’s Anti-Monopoly Committee of the State Council (“AMC”

In August 2020, a book titled Compilation of Antitrust Regulations and Guidelines 2019 was published by the State Administration for Market Regulation, China’s top competition enforcement authority. This publication reveals the four long-expected guidelines on antitrust enforcement regarding leniency, commitments, auto sector and intellectual property, which are effective as of 4 January 2019.

Our September edition of “Government Contracts Legislative and Regulatory Update” offers a summary of the relevant changes that took place during the month of August. On August 19, 2020, the General Services Administration (“GSA”) issued an advance notice of proposed rulemaking regarding the implementation of Section 876 of the National Defense Authorization Act (“NDAA”) for Fiscal Year (“FY”) 201

Recently, our senior partner Li Jiaming has been invited by Thomson Reuters to write an article entitled “Global Patent Prosecution: China: Overview” for its Practical Law as part of the Global Patent Prosecution column of Practical Law. Practical Law is committed to providing first-class legal practice knowledge for lawyers around the world. For each column, Practical Law will invite lawyers who

On June 29, 2020, the Chongqing Administration for Market Regulation issued a “Negative List of Advertising Activities” (“the Negative List”), which lists 257 types of advertising violations, covering 23 categories of commodities such as foodstuffs, pharmaceuticals, real estate, education and training, and internet finance on outdoor billboards, internet, and other forms of media. In contrast to...

Thriving in China these days, Internet hospitals are medical institutions that provide certain remote medical services based on the Internet technologies – from online consultation to electronic prescription, which is expected to greatly ease the difficulty of getting medical diagnosis in China. Especially amid COVID-19 outbreak, online diagnosis has become the new fashion. This, coupled with...

On 28 June 2020, a draft on the Data Security Law of China (“Draft DSL”) was tabled for discussion at the National People’s Congress (“NPC”) Standing Committee for the first time; five days later on July 3rd, the full text was released to solicit public comments. Two years have passed since it was included in the legislation plan of the NPC in September 2018 and four years since the idea of data...

On May 28, 2020, China’s top legislature adopted the long-awaited Civil Code, which is slated to come into effect as of January 1, 2021. The first ever codified legislation covers an extensive array of topics, and introduces a specialized chapter entitled “Part IV Personality Rights” for the protection of privacy right and personal information. The Civil Code, for the first time, provides the...

The emergence of the new retail model—“online + offline + logistics” —has changed the retail industry, reshaped consumer habits, and increased the online conversion rate. While these changes have brought more vitality to the retail sector, they have also raised consumers' concerns about privacy. Protecting personal information under this model has also become a huge challenge for retailers....

Many food products on the Chinese market contain ingredients derived from genetically-modified organisms (GMO) directly or indirectly. For instance, genetically-modified microorganisms and certain GMO-derived enzymes are already indispensable for industrial food processing. The application of GMO in the food industry has recently become a heated topic thanks to the public listing of Beyond Meat,...