Nine years ago, in July 2006, six different Chinese government agencies issued Opinion 171, the first of a number of circulars imposing limits on foreign investment in the property market in response to concerns about a...more
One of the more dramatic privacy law developments in China in 2014 was the August criminal conviction of foreign nationals Peter Humphrey and Yu Yingzeng for their violation of Article 253 of the Criminal Law (??) associated...more
9/16/2015
/ China ,
Criminal Prosecution ,
Cybersecurity ,
Cybertheft ,
Data Privacy ,
Data Protection ,
Data Security ,
Data Theft ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Third-Party
On July 6, 2015, China’s legislature, the National People’s Congress (NPC), circulated for comment two pieces of draft legislation with significant potential implications for data privacy and data security in China. Comments...more
7/21/2015
/ China ,
Cyber Crimes ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Electronically Stored Information ,
Identity Theft ,
Information Technology ,
Network Security ,
Personally Identifiable Information ,
Proposed Amendments ,
Proposed Legislation ,
Telecommunications
The past 16 months have been eventful in China in connection with privacy law and network security developments.
Key privacy law developments included:
.. the coming into effect of new privacy provisions of the...more
Our September 16, 2014 client alert, “Brave New World? Recent Challenges Facing Foreign IT Companies in China,” discussed efforts by the Chinese government to enforce heightened network security standards, with a particular...more
On February 3, 2015, the PRC State Administration of Taxation (“SAT”) released the Announcement of SAT Concerning Several Matters Relating to Corporate Income Tax on Indirect Transfer of Properties by Non-tax Resident...more
On January 19, 2015, China’s Ministry of Commerce (“MOFCOM”) released for public comment a draft Foreign Investment Law; “FIL”) along with an accompanying explanatory note (“Note”). The deadline for comments is February 17,...more
In This Issue:
- Recent Trends in FCPA Enforcement – First Half of 2014
- Ukraine/Russia–Related Sanctions
- New Executive Order Places Additional Reporting Obligations on Government Contractors and...more
10/14/2014
/ China ,
Emerging Technology Companies ,
Enforcement Actions ,
Federal Contractors ,
Foreign Corrupt Practices Act (FCPA) ,
Reporting Requirements ,
Russia ,
Sanctions ,
Suspensions & Debarments ,
Ukraine ,
World Bank
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
As we reported in our February 18, 2014 alert, China’s State Council adopted a new, more permissive approach to regulation of overseas direct investment (“ODI”) with the promulgation on December 2, 2013 of the Circular...more
Following issuance over the last several months of more general policy statements promising liberalized foreign investment rules applicable to the telecommunications sector within the China (Shanghai) Pilot Free Trade Zone...more
As our readers know, foreign investments into the People’s Republic of China (“PRC”) are typically structured through one or more holding companies domiciled in offshore jurisdictions. Planned and implemented properly, an...more
China officially launched the China (Shanghai) Pilot Free Trade Zone (the “SHFTZ”) on September 29, 2013 and on the same day published a long-awaited and longer-than-expected “negative list” setting forth industry sectors...more
This year has been a watershed in terms of Canada’s enforcement of its Corruption of Foreign Public Officials Act (“CFPOA”):
• In January 2013, a record fine of CAD 10.35 million (USD 10.27 million) was imposed on...more
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
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
As we reported in our client alert on January 23, 2013, the Standing Committee of the National People’s Congress issued a Decision on Reinforcing the Protection of Network Information on December 28, 2012. To implement this...more
Originally published in Privacy & Security Law on 03/18/2013.
There is continued focus in China on privacy and data security issues. China still has no omnibus law, but it has promulgated some sector-specific...more
China property prices have continued to trend upward despite the government’s previous efforts to cool the real estate market. Such efforts include, among others, limiting the number of residential properties that a household...more
Editor’s Note -
This is a dignified law firm newsletter, not like the “Brand X” versions. You won’t find pandering, attention-grabbing stories about Justin Bieber, Kim Kardashian, Ashton Kutcher, Prince William, or...more
3/13/2013
/ Arbitration ,
Barack Obama ,
China ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Reports ,
Cybersecurity ,
Data Protection ,
Debt Collection ,
Dodd-Frank ,
Dukes v Wal-Mart ,
Fair Housing Act (FHA) ,
FDCPA ,
FDIA ,
FDIC ,
Federal Reserve ,
Federal Trade Commission (FTC) ,
Foreclosure ,
Mobile Apps ,
Recess Appointments ,
Richard Cordray ,
Social Media ,
Telemarketing
On December 28, 2012, the Standing Committee of the National People’s Congress (“NPC”), China’s legislature, weighed in on the subject of data privacy with its promulgation of the Decision on Reinforcing the Protection of...more
The Supreme People’s Court of China (the “Supreme Court”) rendered its final judgment on November 7, 2012, in the Haifu Investment Co., Ltd. v. Gansu Shiheng Nonferrous Resources Recycle Company Limited (“Haifu v. Shiheng”)....more
Is the State Administration of Foreign Exchange (“SAFE”) finally loosening its grip on foreign exchange transactions? Not exactly - the baseline principle of control and scrutiny over the flows of money into and out of China...more