WilmerHale (JD Supra China)

On April 26, the second draft of the Data Security Law was submitted to the Standing Committee of the National People’s Congress for deliberation through May 28, 2021. Compared to the first draft submitted in July last year, the second draft would (i) call for improvements with respect to data classification and important data protection systems; and (ii) tighten restrictions on data export to...

On January 9, 2021, China’s Ministry of Commerce (“MOFCOM”) promulgated the Rules on Blocking Unjustified Extraterritorial Application of Foreign Legislation and Other Measures (阻断外国法律与措施不当域外适用办法) (“Blocking Rules”). The Blocking Rules took effect immediately without undergoing the normal 30-day public consultation period which China has committed to honor with respect to foreign-related...

The COVID-19 pandemic and the serious supply chain vulnerabilities it exposed have led to a seismic shift in U.S. policy and regulation, from stepped-up measures to protect U.S. technology, intellectual property and data from theft or acquisition by China to a new national imperative to end U.S. dependence on China for strategically important materials, components and products. In this three-p

The Chinese Communist Party convened the Fifth Plenum of its 19th Central Committee on October 26-29. In accordance with longstanding norms, the fifth of seven plenums every five years customarily signals changes in the Party leadership to be formalized at the full Party Congress to be held in the following year, evaluates progress during the current five-year national economic and social plan,...

The Standing Committee of China’s National People’s Congress on October 21 released the draft Personal Information (PI) Protection Law (the Draft Law) for public comments through November 19. It consists of 70 articles across eight chapters: General Principles, Rules for the Processing of PI, Rules for the Cross-border Provision of PI, Rights of Individuals in the Processing of PI, Obligations of

The COVID-19 pandemic and the serious supply chain vulnerabilities it exposed have led to a seismic shift in U.S. policy and regulation, from stepped-up measures to protect U.S. technology, intellectual property and data from theft or acquisition by China to a new national imperative to end U.S. dependence on China for strategically important materials, components and products. In this three-par

The Standing Committee of the 13th National People’s Congress promulgated the Export Control Law of the People’s Republic of China (ECL or the Law) on October 17, 2020. The Law will enter into effect on December 1, 2020.

On September 19, 2020, China’s Ministry of Commerce (MOFCOM) promulgated the Provisions on the Unreliable Entities List (the Provisions).  MOFCOM had announced its intention to establish the Unreliable Entities List regime in May 2019 as a countermeasure against U.S. export control enforcement actions targeting Chinese companies, in particular, Huawei. The newly issued Provisions form the...

Human genetic resources (HGR) have long been regulated in China under the Interim Measures for the Administration of HGR issued by the Ministry of Science and Technology (MOST) and the former Ministry of Health (MOH; since replaced by the National Health Commission) in 1998 to govern the sampling, collection, research, development, trading, export or provision outside China of HGR. HGR refers to...

On July 3, 2020, the Standing Committee of the National People’s Congress (NPC) published the draft Data Security Law (Draft Law) for public comment through August 16, 2020. The Draft Law constitutes a further step in the development of China’s data protection regime under the framework of the Cybersecurity Law (2017) which also awaits publication of the draft Personal Information Protection Law.

China’s 13th National People’s Congress (NPC) convened for its Third Plenum in Beijing alongside the advisory Chinese People’s Political Consultative Conference in the annual “Two Sessions” on May 22 after a delay of two and one-half months because of COVID-19 concerns. Despite the impact of the disease which killed several thousand citizens and continues to disrupt ordinary life in some parts of

On April 27, 2020, twelve Chinese government departments led by the Cyberspace Administration of China (CAC) jointly promulgated the Measures for Cybersecurity Review (the “Measures”) effective June 1, 2020 under the joint letterhead of the Party’s Central Cyberspace Affairs Commission and CAC. The Measures, consisting of 22 articles, were promulgated under the authority of the National Security

The State Administration for Market Regulation (SAMR) and Standardization Administration of China (SAC) jointly published the Information Security Technology – Personal Information Security Specification (GB/T 35273-2020) (PI Specification) proposed by the National Information Security Standardization Technical Committee (TC260) on March 6, 2020 as an amendment to and replacement for the November

The outbreak of novel coronavirus (COVID-19) has affected many businesses in China. Since the start of the outbreak in December 2019 through this date, more than 80,000 cases including more than 3,000 deaths have been confirmed in Mainland China. To combat the epidemic, central and local governments have announced a variety of regulations and administrative measures, including holiday...

The Standing Committee of China’s National People’s Congress published the Draft Export Control Law (Draft ECL) on December 28, 2019, with comments due by January 26, 2020.  The Draft ECL, if enacted in its current form, would be China’s first omnibus national legislation regulating export controls.

The Chinese Government on October 14, 2019 released an advance copy of the Draft Regulations on the Implementation of the Foreign Investment Law for comment (Draft Implementing Regulations) to several foreign chambers of commerce and trade associations. The Draft Implementing Regulations are to take effect on January 1, 2020 and will provide the basis for implementation of the Foreign Investment...

The Standing Committee of the National People’s Congress published the Personal Rights of the Civil Code (draft for third reading) on August 27 for public comment. Chapter Six (Articles 811-817) is dedicated to Privacy Rights and Personal Information (PI) Protection.

China’s Ministry of Commerce (MOFCOM) announced on May 31, 2019 that China will introduce an “Unreliable Entity List” regime under which foreign entities or individuals which boycott or cut off supplies to Chinese companies for non-commercial purposes causing serious damage to Chinese companies may be listed as "Unreliable Entities" subject to legal action.   In a number of interviews in mid-Ju

China’s National Development and Reform Commission (NDRC) and Ministry of Commerce (MOFCOM) as expected published three lists on foreign investment on June 30: a revised negative list applicable to the country as a whole (the 2019 Negative List); a revised and less restrictive negative list applicable to China’s pilot free trade zones (the 2019 FTZ Negative List); and a list of sectors in which...

In a ruling issued on December 18, 2018 but not published until June 24, 2019, China’s Supreme People’s Court (SPC) ruled in favor of the Hainan Provincial Price Bureau in an administrative proceeding regarding a vertical price agreement with respect to products for resale to third parties (so-called Resale Price Maintenance or RPM). This is the first judicial review of a vertical price monopoly...

The Cyberspace Administration of China (CAC) on June 13 published the draft Measures on Security Assessment of Personal Information (PI) Cross-Border Transfers (draft “Measures”) for comments due by July 13, apparently replacing the CAC’s April 2017 draft Measures on Security Assessment of PI and Important Data Cross-Border Transfers (2017 Draft). The procedural requirements for security...

Last August, China established the Shanghai Financial Court (the “court”) as an initiative of the Central Comprehensively Deepening Reforms Commission, formerly known as the Central Leading Group for Comprehensively Deepening Reforms and chaired by Xi Jinping. The court was established as a novel court specializing in financial matters.

The Chinese government has recently issued a flurry of regulations and standards, several in draft form for public comment, to implement the Cybersecurity Law. These mostly reflect a lengthy policy development process instituted after enactment of the Cybersecurity Law in 2016, and in some instances will replace less comprehensive interim documents.

Recent reports indicate that, pending regulatory approval, the Dalian Commodity Exchange in China will open trading to foreign participants in futures contracts on soybeans, soymeal, soy oil and palm oil. This is the latest in a series of actions by China, beginning in early 2018, to gradually open futures trading on its commodities exchanges to foreign participants.

China has accelerated its foreign investment legislative process, in part as a goodwill gesture before resuming face-to-face trade talks with its U.S. counterparts. The National People’s Congress released the Draft PRC Foreign Investment Law (“Draft Law”) on December 26, 2018 for public comment through February 24, 2019.

China has issued a new regulation which imposes potentially severe restrictions on the export of scientific data while at the same time calling for wider access to such data within the country. The General Office of the State Council issued the Measures for the Administration of Scientific Data (????????, the “Measures”) on March 17, 2018 with immediate effect.

The Measures on the Transfer of Intellectual Property Rights to Foreign Parties (Pilot) (“Measures,” click here for the Chinese-language text) (dated March 18 and published March 29, 2018, with immediate effect) tighten scrutiny over the transfer of intellectual property rights (IPR) to foreign parties on national security or public interest grounds. Public interest here is apparently defined as...

Attention during China's annual lianghui (conferences of the advisory Chinese People's Political Consultative Conference followed by the largely rubber stamp legislative National People's Congress) focused on adoption of the constitutional amendment to eliminate term limits on the offices of President and Vice President, allowing President Xi Jinping to remain in office indefinitely. Of...

When China enacted its Anti-Monopoly Law (AML) in 2007, some called it “China's Economic Constitution,” anticipating that it would serve as the statutory basis for fundamental market-based reform of China's economy. While the law has yet to fulfill that ambition, the National Development and Reform Commission (NDRC) on December 12 posted the 2017-2018 Work Plan to Overhaul Existing Policies...

China's three Anti-Monopoly Law enforcement agencies—the National Development and Reform Commission, the Ministry of Commerce and the State Administration for Industry and Commerce—together with the Ministry of Finance and the State Council Legislative Affairs Office, on October 26 jointly published the Rules on Implementation of the Fair Competition Review System (for temporary effect) (Fa Gai...