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China passes provisions to relax the cross-border data transfer regime

China has passed provisions which relax the current cross-border data transfer mechanisms. This comes as welcome news to the international business community, especially those with the need to export data from China in the...more

Legal hot takes – the ECB’s Digital Euro

The Digital Euro project is the European Central Bank’s (ECB) response to the changing landscape of consumer payments, driven by the rise of cryptocurrency, payment fintechs and electronic transactions. A Digital Euro would...more

The Netherlands, European Union and China all make their next moves in the game to control semiconductor supply chains

Following negotiations with the United States, the Netherlands in January 2023 agreed to impose controls on the export of certain semiconductors and related products to China....more

The Revised PRC Counter-Espionage Law – What Has Really Changed?

On April 26, 2023, China’s legislature approved revisions to the Counter-Espionage Law of the People’s Republic of China (PRC Counter-Espionage Law). A draft version of the law had been released for public comment in December...more

China takes the first step to regulate generative AI

Generative AI tools, such as ChatGPT, have taken the world by storm and revolutionised various industries and aspects of daily life. While many authorities around the world are still exploring how to regulate generative AI...more

U.S. bolsters national security reviews of in-bound foreign investment

President Biden recently issued “formal Presidential direction” on the risks that the United States will consider when evaluating in-bound foreign investment....more

China promulgates measures on security assessment for cross border transfer of data

On 7 July 2022, the Cyberspace Administration of China (CAC) released the Measures on Security Assessment for the Cross-border Transfer of Data (the Measures). As a step in the process of further detailing the mandatory...more

A record year for technology M&A – what’s behind the boom?

In a year where the value of total global M&A deals surpassed USD5 trillion, technology transactions were the dominant driving force in the market and in multiple jurisdictions....more

Ultimate Beneficiary Owners (UBO) filings for PRC entities

On 27 December 2021, the State Administration on Market Regulation (SAMR) of the People’s Republic of China (PRC) and the People’s Bank of China (PBOC) jointly published a consultation draft of the Interim Measures on...more

Cyberspace Administration of China (CAC) publishes draft regulations for network data security management

On 14 November 2021, the Cyberspace Administration of China (CAC) published a consultation draft of the Regulations on Network Data Security Management (Network Data Security Regulations) for public comment. ...more

China consults on security assessments for cross-border transfer of data

On October 29, 2021, the Cyberspace Administration of China (CAC) issued draft Measures on Security Assessments for the Cross-border Transfer of Data (a consultation draft for public comment) (Draft Measures). ...more

Software, connectivity, data and fintech dominate M&A in Silicon Valley

As transaction activity in the tech sector continues to power ahead, new challenges and opportunities are confronting Silicon Valley companies and setting the agenda for the industry....more

Key regulatory changes in China’s new legislation on personal information protection

On 20 August 2021, the Standing Committee of the National People’s Congress adopted the Personal Information Protection Law (the PIPL), the long-awaited and first omnibus personal data protection legislation in China. This...more

Patent Linkage in China: up, running and with Chinese characteristics

As one of the most significant IP developments in China, the Fourth Amendment to the PRC Patent Law introduced patent linkage for pharmaceutical patent litigation in China. A full set of rules implementing the patent linkage...more

New PRC Data Security Law

China’s latest step in building its comprehensive data and cybersecurity regime. The Standing Committee of the National People's Congress (NPCSC) enacted the Data Security Law of the People’s Republic of China on 10 June 2021...more

The M&A landscape in 2021: A global picture

The global M&A market staged a remarkable recovery in the second half of last year, despite an escalating pandemic and deep political turmoil. As 2021 begins, we identify the most significant trends likely to shape dealmaking...more

China’s new blocking statute against extra-territorial application of foreign laws

On January 9, 2021, the PRC Ministry of Commerce (“MOFCOM”) issued the Rules on Counteracting Unjustified Extra-territorial Application of Foreign Legislation and Other Measures (the “Rules”). - The Rules, along with the...more

Will the EU-China Comprehensive Agreement facilitate investment by EU companies in China?

The European Union (EU) and the People’s Republic of China concluded the negotiations on their investment treaty, the EU/China Comprehensive Agreement on Investment (CAI), on 30 December 2020. ...more

1/11/2021  /  China , EU , Investment

U.S. and China relations will take time to mend

The arrival of Joe Biden in the White House will give the U.S. and China a chance to put their political and trade relations on a new footing....more

Impact of China’s Export Control Law to M&A transactions

The PRC Export Control Law will come into effect soon on 1st December 2020. This new law makes a number of substantial changes to China’s current export control regulatory regime, indicating that the regulators may take a...more

China: Patent Law Amendment brings sea change to pharmaceutical patent regime

Article 76 of the Amendment establishes the longanticipated patent linkage scheme in China. It aims to allow early resolution of patent disputes between innovators and generic companies during the drug review and approval...more

Coronavirus: Points to consider on M&A transactions

As coronavirus (Covid-19), first reported in Wuhan in December 2019, spreads across China and beyond, it has been widely reported that some Chinese companies are looking to suspend or terminate their contractual commitments....more

Latest updates on the China financial sector: lifting foreign shareholding caps

On 11 October 2019, the China Securities Regulatory Commission (CSRC) announced a clearer accelerated timeframe for lifting foreign shareholding caps (i.e. 51%) in futures companies, public securities investment fund...more

China removes more barriers to market entry

The pledge by President Xi at the G20 Summit in Osaka that China would continue to liberalise market access has seen immediate progress in the form of a new update to the Catalogue of Encouraged Industries for Foreign...more

Investing in China: opportunities and challenges coexist

At a time when U.S.-China trade tensions are being reported as having a dramatic impact on the global economy, China’s Ministry of Commerce has announced that the actual use of foreign capital in China is still increasing...more

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