On January 3, 2025, the Cyberspace Administration of China (the “CAC”) released the Draft Measures for Personal Information Protection Certification for Cross-Border Data Transfers (the “Draft Measures”) for public comment....more
2/26/2025
/ Certifications ,
China ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
International Data Transfers ,
Personal Data ,
Personal Information ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Requirements
China’s Company Law was initially enacted in 1993, and was subsequently amended in 1999, 2004, 2013, 2018, and 2005. On December 29, 2023, the Standing Committee of the National People’s Congress approved a comprehensive...more
4/22/2024
/ Board of Directors ,
China ,
Company Law ,
Corporate Governance ,
Foreign Investment ,
Investors ,
Limited Liability Company (LLC) ,
New Legislation ,
Publicly-Traded Companies ,
Retroactivity ,
Shareholders
On March 22, 2024, nearly six months after the release of the “draft Provisions on Regulating and Promoting Cross-border Data Transfer” (the “Draft Rules”), the Cybersecurity Administration of China (the “CAC”) formally...more
4/12/2024
/ China ,
Cross-Border ,
Cross-Border Transactions ,
Cybersecurity ,
Data Privacy ,
Data Security ,
Filing Requirements ,
International Data Transfers ,
New Regulations ,
Personal Data ,
Privacy Laws
On January 26, 2024, the State Council of China published the “Regulations of the Filing Threshold for Operators’ Concentration (2024 Revision)” (the “New Filing Threshold”), which took effect on the same day. This amendment...more
On May 8, 2023, the National Health Commission of the People’s Republic of China (the “PRC”), along with 13 other government departments of the PRC, issued the “Key Highlights for Combating Corruption in the Medicine Purchase...more
This article examines the regulatory framework outlined in the “Regulations on the Supervision and Administration of Privately-Offered Investment Funds” in China. It provides an overview of the new regulations and their...more
According to the State Council’s Institutional Reform Plan released on March 7, 2023, the State Council will establish a National Bureau of Data (“NBD”), and it will be administrated by the National Development and Reform...more
On January 5, 2023, President Biden signed into law S. 1294, the “Protecting American Intellectual Property Act of 2022”. The Act requires the president to report to Congress and impose sanctions on any foreign person or...more
1/19/2023
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
CAATSA ,
China ,
Entity List ,
Export Controls ,
Foreign Entities ,
Foreign Persons ,
Intellectual Property Protection ,
National Security ,
New Legislation ,
Sanctions ,
Theft ,
Trade Secrets ,
Trade Wars
On December 24, 2021, China Securities Regulatory Commission (“CSRC”) issued draft rules and measures on the direct and indirect offshore listings of onshore companies for public comments. The deadline for submitting public...more
Just as we thought 2022 was going to be significantly different than 2021, December 2021 and January 2022 events have thrown us for another (pandemic) loop. We anticipate that some of the privacy and cybersecurity...more
1/12/2022
/ Artificial Intelligence ,
Auto-Dialed Calls ,
Biometric Information ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
CAN-SPAM Act ,
CARU ,
CDPA ,
Consumer Privacy Rights ,
COPPA ,
Cross-Border Transactions ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Security ,
Employee Tracking ,
EU ,
FCC ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Identity Theft ,
Machine Learning ,
Mobile Privacy ,
Ransomware ,
SCOTUS ,
TCPA
On December 17, 2021, the Stock Exchange of Hong Kong Limited (the Exchange) announced new listing regime for special purpose acquisition companies (SPAC). These new rules will take effect on January 1, 2022. This...more
12/30/2021
/ Capital Formation ,
Capital Markets ,
Capital Raising ,
Delisting ,
Escrow Accounts ,
Hong Kong ,
Initial Exchange Offering (IEO) ,
Liquidation ,
New Rules ,
Popular ,
Securities and Exchange Commission (SEC) ,
Special Purpose Acquisition Companies (SPACs) ,
Stock Exchange ,
Stock Redemption
On October 29, 2021, the Cyberspace Administration of China (“CAC”) published the Security Assessment Measures of Data Cross-border Transfer (Draft for Comments) (the “New Draft Measures”) for public comments.
The New...more
When Chinese investors are considering US targets, it is important to keep in mind the requirements of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”). For deals meeting certain thresholds, the HSR Act...more
Year 2020 definitely is a milestone year for China in building up and strengthening its regulatory legislation in the field of international trade. Following the Regulations on Unreliable Entity List (“UEL”), the Export...more
On September 19, 2020, China took a new strategic position in its ongoing trade confrontation with the United States. The Ministry of Commerce of the PRC (“MOFCOM”) issued Regulations on Unreliable Entity List (“UEL”) and...more
Nota Bene Episode 91: China Q3 Check In - Trade Wars, GDP Growth, Pandemic Comparatives, and Hong Kong with Michael Zhang
With tensions between the U.S. and China not likely to de-escalate any time soon, what is likely to...more
8/7/2020
/ C-Suite Executives ,
China ,
Colleges ,
Coronavirus/COVID-19 ,
Economic Downturn ,
Educational Institutions ,
Foreign Relations ,
Foreign Students ,
Hong Kong ,
Internet ,
Multinationals ,
Re-Opening Guidelines ,
Trade Relations ,
Trade Retaliation ,
Trade Wars ,
Universities
As China picks up the pieces following the COVID-19 aftermath, we’re taking a look at how China managed to swiftly bring the crisis under control throughout the country. Is there hope for other countries around the world that...more
The China (Shanghai) Pilot Free Trade Zone (PFTZ) officially launched on September 29th, granting 25 Chinese and overseas companies licenses to register in the PFTZ on its first day. The General Plan for the PFTZ was...more
On August 7, 2013, the National Development and Reform Commission (“NDRC”) fined six powdered milk companies – five foreign and one Hong Kong-based – RMB668 million (approximately US$109 million) for engaging in...more
On March 29, 2013, the Guangdong High People’s Court ruled that Tencent, Inc. (“Tencent”) did not violate China’s Anti-Monopoly Law (“AML”). In the first lawsuit of its kind, Beijing Qihoo Technology Co. Ltd. (“Qihoo”) sued...more