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A Brave New World? Recent Challenges Facing Foreign IT Companies in China

On September 1, 2014, China’s Ministry of Industry and Information Technology (MIIT) issued the Guiding Opinions on Strengthening Network Security in the Telecommunications and Internet Sectors (the “Opinions”). Issuance of...more

“River Crabbing” Chinese Search Engine Battles for Freedom of Expression in the U.S.

In 2004, the Chinese Communist Party announced a new national goal of building a “Harmonious Society.” Since then, this goal has often been cited by the Chinese government as a reason for Internet censorship. In Mandarin,...more

New Regulatory Measures for Internet Transactions in China

On Jan. 26, 2014, the Chinese State Administration for Industry and Commerce (“SAIC”) promulgated the Regulatory Measures for Internet Transactions (the “New Measures”). The New Measures, which took effect on March 15, 2014,...more

Bitcoin - Virtual Currency of the Future? - Part Two

“Virtual currencies”, and bitcoin in particular, have recently received much attention from law enforcement agencies, the business community, the financial sector and government authorities, all of which are trying to...more

China VIEs: Recent Developments and Observations

As many of our readers are aware, the “variable interest entity” (“VIE”) structure has proven popular over the past decade as a means to facilitate the offshore financing of PRC companies doing business in regulated sectors...more

China’s MIIT Releases Long-Awaited Draft Amended Telecoms Catalogue for Public Comment

The Chinese Ministry of Industry and Information Technology (“MIIT”) issued a draft new Catalogue of Telecommunications Services 2013); the “Draft Catalogue”) for public comment on May 23, 2013. While the proposed...more

Antitrust and Competition Newsletter - June 2013

Competition and Innovation: Application of European Competition Law to a Rival’s Demand for Access to a Competitor’s Data - The Internet has given rise to information-based businesses that create value by accumulating...more

Internet Regulation and Data Privacy in China

China is the world’s second largest economy, with an annual growth rate of more than eight percent and a rapidly growing middle class. Foreign investment into China routinely exceeds US$100 billion a year. Businesses from all...more

Chinese Government Decision May Help Brands Protect Themselves

Anyone trying to stop Chinese counterfeiters learns almost immediately that most of the information that would ordinarily identify China-based owners of a URL or website is false. That makes it costly or impossible to...more

China’s New Online Information Protection Law

On Dec. 28, 2012, the Standing Committee of China’s National People’s Congress enacted a 12-article Decision on Strengthening Online Information Protection (the “Decision”), without public consultation and after just one...more

China Adopts Privacy Legislation Strengthening Online Personal Data Protection

China’s top legislature, the Standing Committee of the National People’s Congress, closed out 2012 with the approval of rules to enhance the protection of online personal information....more

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