Welcome to the first issue of Focus on China Compliance for 2015. In this issue, we start with an overview of China’s anticorruption laws, to which all companies operating in China must pay close attention in 2015. We then take a more in-depth look at two specific compliance concerns that we expect to impact multinational companies significantly this year. We first review the risks inherent in transferring data outside China. Although there is no single law in China that protects personal data, China’s state secrets protections, and a variety of interlocking provisions, make it vitally important that businesses work with PRC qualified lawyers to analyze data within China. We then examine China’s Provisional Rules clarifying elements of the 2008 Labor Contract Law governing the use of temporary, or “dispatch” labor. The use of such labor has been dramatically restricted in the last year, which can substantially affect many businesses’ operations. Finally, a guest author from Blackpeak Group explains how companies can capitalize on compliance programs to protect critical intellectual property, maximizing investment and minimizing potential losses.
McDermott Will & Emery LLP enjoys a unique strategic alliance with MWE China Law Offices in Shanghai. We intend for this publication to provide regular insight into the rapidly evolving China compliance landscape. If there is a topic you would like to see covered in a future issue, please e-mail an editor.
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