On 22 March 2024, the CAC published the final version of the Provisions on Promoting and Regulating Cross-Border Data Flows which took effect immediately and follows the draft published for consultation in September 2023. On...more
The guidelines aim to transform China’s approach to ESG by introducing sustainability disclosure rules for large listed companies.
On February 8, 2024, under the auspices of the China Securities Regulatory Commission...more
3/15/2024
/ China ,
Climate Change ,
Compliance ,
Compliance Dates ,
Corporate Governance ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Publicly-Traded Companies ,
Regulatory Authority ,
Shanghai Stock Exchange ,
Shenzhen Stock Exchange (SZSE) ,
Stock Exchange ,
Sustainability ,
Sustainable Business Practices
The regulations aim to provide a legal framework for China’s carbon allowance trading market by strengthening requirements and designating responsibilities.
On January 25, 2024, Chinese Premier Li Qiang signed a decree of...more
China’s CAC and Hong Kong’s ITIB jointly released GBA SCCs, which may be adopted to transfer personal information between entities within the GBA.
On December 13, 2023, the People’s Republic of China’s (PRC’s) Cyberspace...more
On January 26, 2024, the State Council of China adopted new merger filing thresholds by promulgating the amended Provisions of the State Council on Thresholds for Prior Notification of Concentration of Undertakings (the...more
China’s anti-corruption laws have been stringent for many years. On 1 January 1980, the Criminal Law of the People’s Republic of China (the “PRC Criminal Law”) containing the criminal offences of bribery and corruption came...more
Foreign states are no longer immune from suit or execution in the PRC (including Hong Kong and Macau) in respect of their commercial activities.
The Standing Committee of the National People’s Congress (NPCSC) has passed...more
On September 1, 2023, the Standing Committee of the National People’s Congress (NPCSC) of the PRC adopted the amendments to the Civil Procedure Law of the People’s Republic of China (the Amended CPL). The amendments...more
China’s regulations aim to address risks related to artificial intelligence and introduce compliance obligations on entities engaged in AI-related business.
This Client Alert discusses what technologies and entities are...more
On November 18, 2022, the State Administration for Market Regulation (SAMR) and the Cyberspace Administration of China (CAC) jointly released the Notice Regarding Personal Information Protection Certification attached with...more
China’s SAMR published a draft amendment to the Anti-Unfair Competition Law, which overhauls the commercial bribery provisions for giving, instructing, and accepting bribes.
Key Points: In summary, the proposed commercial...more
China’s anti-corruption laws have been stringent for many years. On 1 January 1980, the Criminal Law of the People’s Republic of China (the “PRC Criminal Law”) containing the criminal offences of bribery and corruption came...more
The new law is expected to overcome jurisdictional barriers and better promote business interactions in Mainland China and Hong Kong.
Key Points:
..Hong Kong recently passed a new law to enact a January 2019...more
China’s CAC publishes guidance on cross-border data transfers, including draft standard contractual clauses and regulatory guidance on certification and security assessment.
Key Points:
..Security Assessment:...more
8/9/2022
/ Certification Requirements ,
China ,
Cybersecurity ,
Data Privacy ,
Data Processors ,
Data Security ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Personal Information ,
Personal Information Protection Law (PIPL) ,
Standard Contractual Clauses
China is implementing multiple changes to its merger control procedures, following recent amendments to the country’s Anti-Monopoly Law.
China’s Standing Committee of the National People’s Congress has amended the...more
Under the new rules Chinese NPOs holding more than 1 million individuals’ personal information must apply for a cybersecurity review prior to listing abroad.
Key Points:
..Chinese network platform operators (NPOs) holding...more
China’s anti-corruption laws have been stringent for many years. On 1 January 1980, the Criminal Law of the People’s Republic of China (the “PRC Criminal Law”) containing the criminal offences of bribery and corruption came...more
The Personal Information Protection Law, or PIPL, imposes stringent obligations of a similar standard to the GDPR and will take effect on November 1, 2021.
Key Points:
..Extraterritorial effect: PIPL applies to those who...more
The regulations aim to protect the security of the CII and impose more compliance obligations in support of the Network Security Law.
Key Points:
The regulations are designed to provide clarification and guidance on:...more
The Data Security Law will enhance an increasingly comprehensive legal framework for information and data security in the PRC.
Key Points:
Notably, the DSL:
..Applies to a wide range of data and data activities, with...more
7/22/2021
/ China ,
Compliance ,
Countermeasures ,
Cybersecurity ,
Data Security ,
International Data Transfers ,
Jurisdiction ,
New Legislation ,
Popular ,
Regulatory Oversight ,
Statutory Penalties
The proposed Data Security Law has a broad jurisdictional scope and will expand the PRC’s regulatory framework for information and data.
On July 3, 2020, the Standing Committee of China’s National People’s Congress issued...more
We are pleased to present the seventh edition of Global Legal Insights – Bribery and Corruption. This book sets out the legal environment in relation to bribery and corruption enforcement in 28 countries and one region...more
3/12/2020
/ Anti-Bribery ,
Anti-Corruption ,
Anti-Money Laundering ,
Bribery ,
China ,
Compliance ,
Criminal Investigations ,
Criminal Prosecution ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Money Laundering ,
Multinationals ,
White Collar Crimes
The pilot guidance may help multinational companies address certain challenges they have previously faced when doing business with Chinese SOEs.
Key Points:
..Following extensive research and consultation, the SASAC has...more
New law expands CFIUS’ jurisdiction and brings important procedural changes to foreign direct investment review.
Key Points:
..The new legislation extends CFIUS’ jurisdiction to cover non-controlling investments in the...more
8/14/2018
/ CFIUS ,
China ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Emerging Technology Companies ,
Export Controls ,
FIRRMA ,
Foreign Investment ,
National Security ,
NDAA ,
Trump Administration ,
U.S. Commerce Department
The Supreme Court has ruled US federal courts should carefully consider a foreign government’s interpretation of its own domestic laws, but are not required to give it conclusive effect.
Key Points -
..The Supreme...more
6/29/2018
/ Animal Science Products Inc v Hebei Welcome Pharmaceutical Co Ltd ,
Antitrust Litigation ,
Antitrust Violations ,
Application of Foreign Laws ,
China ,
Comity ,
Corporate Counsel ,
Exports ,
FRCP Rule 44.1 ,
Judicial Deference ,
Price-Fixing ,
Question of Law ,
Reversal ,
SCOTUS ,
Sherman Act