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Practical Insights from China on the Newly Issued Provisions on Cross-Border Data Transfer

On March 22, 2024, following nearly six months after the publication of the Provisions on Promoting and Regulating Cross-border Data Flows (Draft for Solicitation of Comments), the Cyberspace Administration of China (“CAC”)...more

Global Pay Equity Desktop Reference 2024

There is a global call for greater transparency around employee pay. For multinational organizations, tracking the ever-changing global pay equity reporting obligations can pose daunting challenges. To simplify the process,...more

A Workplace Sexual Harassment Case: Messages for Foreign Invested Enterprises in China

On July 6, 2023, the Supreme People’s Court of China (“SPC”) issued the 32nd batch of seven labor dispute guiding cases ("Guiding Cases"). Among them, one case attracts special attention of foreign invested enterprises...more

China Unveils Two Approved Outbound Data Transfer Cases

Under China’s data protection regulatory framework, data processors are required to pass a security assessment conducted by the cybersecurity regulator before transferring certain categories or volumes of data out of China....more

Global Pay Equity Desktop Reference

There is a global call for greater transparency around employee pay. For multinational organizations, tracking the ever-changing global pay equity reporting obligations can pose daunting challenges. To simplify the process,...more

Legal Update: Salary Payment Issues During COVID-19 Lockdown in China

To fight against a new wave of the Omicron-dominated pandemic in Shanghai, the Chinese government imposed a two-month full lockdown in the city beginning at the end of March 2022, confining around 25 million residents to...more

Employee Incentive Plans: New Changes And Compliance In China

It is increasingly common for multinational corporations (“MNCs”) to offer equity-based incentive benefits to employees based in different countries, including China, to recruit and retain the best talent. To implement...more

Data Protection Challenges in M&A Transactions in China

The regulatory landscape in China around data protection and flows continues to develop. Since the 2017 Cybersecurity Law, China has been refining the legal and regulatory framework for data protection—it has implemented new...more

China Releases Draft Measures on Security Assessment of Cross-Border Data Transfer

On October 29, 2021, the Cyberspace Administration of China ("CAC") published the "Draft Measures on Security Assessment of Cross-Border Data Transfer" ("Draft Measures") for public comment, which outlines the requirements...more

Impact Of The PRC Supreme Court's Position On The Valuation Adjustment Mechanism

In China, the Valuation Adjustment Mechanism ("VAM") has long been frequently used in corporate financing transactions, especially in PE investments. VAM is a contractual provision that allows for the adjustment of the target...more

PRC Personal Information Protection Law Challenges: Why Companies Should Evaluate Their Business Practice Now

China’s long-waited Personal Information Protection Law (“PIPL”) was finally enacted on August 20, 2021, and will take effect on November 1, 2021. PIPL, which supplements the existing privacy rules established by the...more

Anti-Foreign Sanctions Law: Update for Companies Doing Business in China

Potential penalties for companies and individuals that comply with foreign sanctions law have been introduced by a series of legal developments in China that could make it difficult for those doing business in China to find...more

China Released Second Draft of Personal Information Protection Law

On April 29, 2021, the national legislator in China released the second draft of the Personal Information Protection Law (“PIPL”) to collect public comments until May 28, 2021. The updated draft substantially follows the...more

Anticipating Recovery: A Strategic, International Perspective

Our work as advisers to some of the world’s largest businesses gives us a unique perspective on the way in which employers are beginning to recover from the initial crisis management phase of the COVID-19 pandemic....more

You're a global employer - what happens next?

The disruption already caused by COVID-19 is immense, and it is only getting started. HR and Legal departments are being deluged with conflicting information. ...more

Multinational Company in China – Are You Concerned About the Personal Credit System and Privacy Provisions in China? You Should...

Seyfarth Synopsis: The People’s Republic of China is making progress in implementing its mandatory “social credit system.” Multinational businesses in China should be watchful of this system, and ready for it when it rolls...more

China and Spain Signed Bilateral Social Security Agreement

Seyfarth Synopsis: Bilateral social security agreements between countries play an important role in facilitating the cross-border movement of employees, as they reduce exposure to the simultaneous application of the relevant...more

Employer Be Careful - Noncompliance Events Will Be Published

The Chinese Ministry of Human Resources and Social Security (“MHRSS”) implemented the Measures on Publication of Significant Violations of Labor and Social Security Laws (“Measures”) effective January 1, 2017. The Measures...more

China Employment Law Alert: New Work Permit Policy for Expats in China

Seyfarth Synopsis: A new Work Permit Policy (Policy) is being implemented in China. The Policy had been initially implemented, from October 2016 to March 2017, through a pilot program in a number of regions including...more

Export of Personal Information and Important Data - A Draft Data Control Rule for Public Consultation

All enterprises in China may soon be subject to a new rule governing how they export personal information and important data. Under the draft rules, companies that export data will have to undergo regular self-assessments of...more

$1.2 Million Dispute Between West Mountain Environmental and the Shanghai Hehui Environmental Technology

Seyfarth Synopsis: An environmental remediation technologies company is in the midst of litigation in Chinese courts over a $1.2 million contract to provide its technology to a Chinese company. According to the Chinese...more

China Employment Law Alert: Chinese Employers Now Subject to New Grading System

The Chinese Ministry of Human Resources and Social Security (MHRSS) has launched a new nationwide grading system to evaluate employers’ employment law compliance. This system has been put in place via the Measures for the...more

China Employment Law Alert: New Data Privacy Obligations for Employers

The National People's Congress Standing Committee has now finalised the new Cyber Security Law ("CSL"), to take effect on 1 June 2017. The fast development of the internet in China has caused a rapid escalation of security...more

Recent Developments in the Chinese Regulatory Regime Governing e-Commerce

The Chinese regulatory regime governing e-commerce has been constantly evolving as domestic and cross-border e-commerce continues its rapid growth. Recently, the regulatory environment has opened up in several ways:...more

A Major Change to the Foreign Investment Regime in China

The current Chinese foreign investment laws were enacted decades ago. Under these laws the approval process is typically time-consuming and burdensome for a foreign investor. In an attempt to streamline the regulatory...more

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