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Part 5 of 5: Gazing into the future of China’s data protection law

China’s data protection laws have been developing actively in the recent years. This article identifies some other Chinese legal instruments which are relevant to the protection of personal information, and discusses the...more

Part 4 of 5: Penalties and liabilities under China’s data protection laws

This article discusses briefly the various possible liabilities for data protection breaches under China’s main laws, regulations and statutory instruments governing the protection of personal information. Introduction -...more

Part 3 of 5: the PIPL and the Personal Information Security Specification

In Part 2 of this series, we discussed how the Personal Information Protection Law (“PIPL”), the centerpiece of China’s personal information (“PI”) protection law, needs to be read in conjunction with other relevant laws,...more

Part 2 of 5: PIPL requirements as supplemented by other relevant laws, regulations and instruments

In Part 1 of this series, we identified ten key legal instruments forming part of China’s current data protection law. These laws, regulations and legal instruments were identified in an Information Booklet published by the...more

Part 1 of 5: A quick overview of the key instruments forming part of China’s data protection regime

The Hong Kong Privacy Commissioner for Personal Data (“PCPD”) recently published an information booklet on China’s newly promulgated Personal Information Protection Law (“PIPL”). The booklet provides useful guidance to Hong...more

Substituted service of HK judicial documents in Mainland China

Given Hong Kong’s status as a special administration region of China, there are in place special arrangements for the mutual service of judicial documents between the two jurisdictions. The Arrangement for Mutual Service...more

China’s PIPL explained and interpreted by the law maker

China’s new legislation on personal information protection (“PIPL”) will come into force on 1 November 2021. Mr Yang Heqing, an official from the responsible law making commission, has given some helpful explanatory comments...more

Mutual Enforcement of Arbitral Awards between the Mainland and Hong Kong: the Arbitration (Amendment) Bill 2021

On 24 February 2021, the Hong Kong Government introduced into the Legislative Council the Arbitration (Amendment) Bill 2021 (“Bill”), to implement the Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards...more

One Administration to the Next: Changes Affecting U.S. Sanctions and Export Controls

While the Trump Administration ended with a continuing flurry of activity affecting U.S. sanctions and export controls, with several actions affecting parties in China and Hong Kong, the Biden Administration is taking a...more

Attempt to resist enforcement of a PRC arbitral award in Hong Kong, by arguing that the arbitration agreement was tainted by...

Shenzhen Honeycomb System Co Ltd v HCT Technologies (Hong Kong) Co Limited (HCCT 20/2019, [2020] HKCFI 3175, 31 December 2020) confirms the Hong Kong court’s pro-arbitration and pro-enforcement approach. The case involved...more

Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and Hong Kong

On 27 November 2020, the Department of Justice of Hong Kong and the Supreme People’s Court of China signed the Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong...more

Updates on U.S. sanctions affecting parties in Hong Kong and China - December 2020

Following our recent Client Alert published in October 2020 on the release of the Section 5(a) Report under the Hong Kong Autonomy Act of 2020 (“HKAA”), there have now been some further updates in relation to U.S. sanctions...more

China’s draft Personal Information Protection Law: what businesses should know

In October 2020, China unveiled its draft law on personal data protection. Once promulgated, this law is going to be the first comprehensive set of PRC laws on personal data protection. The draft law comes with provisions for...more

HKIAC updates on the implementation of the Interim Measures Arrangement between Hong Kong and the PRC

HKIAC recently published information regarding the processing of applications under the “Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland...more

Case note on Industrial and Commercial Bank of China (Asia) Limited v Wisdom Top International Limited [2020] HKCFI 322

This case note examines a recent Hong Kong Court of First Instance (“CFI”) case, Industrial and Commercial Bank of China (Asia) Limited v Wisdom Top International Limited [2020] HKCFI 322. The case gives a cautionary note on...more

7/15/2020  /  China , Contract Terms , Jurisdiction

HK and PRC - COVID-19: E-signature FAQ – An overview of how companies may execute documents using e-signatures during COVID-19

During the COVID-19 outbreak, in order to reduce potential transmission of the virus, many companies, either voluntarily or in compliance with relevant governmental regulations, adopt a work-from-home policy and cancel...more

Hong Kong Court grants permanent anti-suit injunction to restrain court proceedings in Mainland China

In Giorgio Armani SpA v Elan Clothes Co Ltd [2019] HKCFI 2983, the Hong Kong Court of First Instance granted a permanent anti-suit injunction against the defendant which had commenced proceedings against the plaintiffs in...more

Arbitrability of Antitrust Disputes in PRC and Hong Kong

What should you do when an antitrust dispute arises between the parties and your contract is governed by PRC law or Hong Kong law? Can you resolve the dispute by arbitration? If your contract is governed by PRC law, as...more

New Interim Measures Arrangement between Hong Kong and the PRC

A new arrangement between the Hong Kong Government and the PRC Supreme People’s Court makes Hong Kong the first jurisdiction outside of Mainland China in which parties to institutional arbitration will have a clear procedural...more

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