News & Analysis as of September 18, 2024

Corporate Counsel

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Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk management, global regulations, data protection, leaks, hacking, cyber insurance, compliance, HIPAA, and every other aspect of cybersecurity of import to corporate readers right now. less -

China Strengthens Protection of State Secrets as Revised Law Takes Effect

Morrison & Foerster LLP on 5/28/2024

China’s amended Law on Guarding State Secrets (“SSL”) took effect on May 1, 2024. This amendment is part of a broader legislative push to enhance national security and data protection, aligning with other recent laws such as...more

China Releases New Regulation on Cross-Border Data Transfers

Faegre Drinker Biddle & Reath LLP on 4/12/2024

Six months after the release of the draft Provisions on Regulating and Facilitating Cross-Border Data Flow, the Cyberspace Administration of China (CAC) officially released the long-awaited finalized Provisions on...more

China Finalizes Rules to Ease Data Export Compliance Burden

WilmerHale on 3/27/2024

On March 22, 2024, the Cyberspace Administration of China (“CAC”) promulgated the final version of the Provisions on the Promotion and Regulation of Cross-Border Data Flows (the “Final Provisions”), bringing to conclusion the...more

OFAC Year in Review 2023 – Part 1

Morrison & Foerster LLP on 3/4/2024

2023 was another record year for U.S. sanctions and the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC). Most prominently, OFAC continued to impose significant additional sanctions on Russia in...more

China Publishes Draft Rules to Ease Data Export Compliance Burden

WilmerHale on 10/13/2023

The Cyberspace Administration of China (“CAC”) on September 28, 2023 issued the draft Provisions on the Regulation and Promotion of Cross-Border Data Flows (“draft Provisions”), just one year after China’s data export...more

China Loosens Cross-Border Data Transfer Controls

Cooley LLP on 10/10/2023

On September 28, 2023, the Cyberspace Administration of China (CAC) released draft Provisions on Regulating and Promoting Cross-Border Data Flows (see the Chinese version and the unofficial English translation) for public...more

With a Key Deadline Fast Approaching, Now Is the Time to Address the New and Complex Requirements for Data Transfers Outside of...

Littler on 9/25/2023

U.S.-based multinationals with employees in the People’s Republic of China (PRC) are confronting a November 30 deadline to implement China’s new cross-border data transfer mechanism—the Standard Contract. This implementation...more

China's Cyberspace Administration Releases "Interim" Rules Regulating the Use of Generative AI

Davis Wright Tremaine LLP on 7/31/2023

The Cybersecurity Administration of China ("CAC") and six other agencies jointly promulgated Interim Measures for the Administration of Generative Artificial Intelligence Services ("Generative AI Measures" or "Rules"), that...more

Global Perspectives: Data Privacy in China with Todd Liao

Morgan Lewis - Tech & Sourcing on 4/27/2023

As part of our Spotlight series, we welcome Todd Liao, a partner in our Shanghai office who works with clients on a wide range of complex commercial and financial transactions and legal issues involving China. Todd is a...more

China Launches Cybersecurity Review Against Micron

WilmerHale on 4/12/2023

The Cyberspace Administration of China (“CAC”) in a brief statement on March 31, 2023 stated that it has launched a cybersecurity review of Micron’s products sold in China pursuant to the National Security Law (2015),...more

China SCC Measures Officially Release a Path for Outbound Personal Information Transfer

Faegre Drinker Biddle & Reath LLP on 3/7/2023

On February 24, 2023, the Cyberspace Administration of China (CAC) released the much-awaited Measures for the Standard Contract for Outbound Transfer of Personal Information (China SCC Measures) together with the issuance of...more

China Finalizes Measures on the Standard Contract for Cross-Border Transfers of Personal Information

Jones Day on 3/2/2023

On February 24, 2023, the Cyberspace Administration of China ("CAC") issued the long-awaited Measures on the Standard Contract for Outbound Cross-Border Transfer of Personal Information ("Measures")....more

New requirements for outbound data transfers from China

White & Case LLP on 2/1/2023

The Cybersecurity Administration of China (the "CAC") has published guidelines concerning outbound data transfers of personal information and "important data" from China to other jurisdictions. Businesses must comply with...more

Enter Stage Right – a New Cyber Regulator Steps into the Spotlight

Wiley Rein LLP on 1/26/2023

The Chairwoman of the Federal Communications Commission recently articulated a new vision of that agency’s role in the nation’s cybersecurity. The FCC, as an independent agency with a relatively discrete set of regulatory...more

The Informed Board - Fall 2022

Skadden, Arps, Slate, Meagher & Flom LLP on 12/9/2022

The proliferation of U.S. sanctions and other regulations affecting cross-border transactions has implications for directors, who may be personally liable for violations in some cases. Meanwhile, the Securities and Exchange...more

China Increases Security Measures on Cross-Border Data Transfers

Perkins Coie on 9/12/2022

In order to regulate cross-border data transfers in accordance with the Cybersecurity Law, the Data Security Law, and the Personal Information Protection Law, the Cyberspace Administration of China (CAC) released the Measures...more

New PRC Regulations on Cross-Border Transfer of Data

Skadden, Arps, Slate, Meagher & Flom LLP on 8/25/2022

The Chinese regulatory authorities have published several new regulations and proposals in the past two months seeking to clarify the requirements of the Chinese Personal Information Protection Law (the PIPL) that came into...more

U.S. and British Law Enforcement Agencies Issue Unprecedented Warning About Chinese Espionage Efforts

Foley & Lardner LLP on 7/12/2022

On July 6, 2022, the heads of the U.S. Federal Bureau of Investigation (FBI) and the British MI5 law enforcement agencies issued an unprecedented joint statement warning about espionage and other economic threats from China....more

Enforcement Trends From China’s Cyberspace Regulator in 2022

Perkins Coie on 4/11/2022

China’s internet watchdog, the Cyberspace Administration of China (CAC), has continued to tighten its regulation of internet industries and driven the formulation of many new laws and regulations in cybersecurity and data...more

China Issues Revised Measures on Cybersecurity Review Over Network Operators

Goodwin on 1/25/2022

In response to recent data security concerns arising from overseas listings of Chinese internet companies operating in the People’s Republic of China (the “PRC”), the Cyberspace Administration of China (the “CAC”) has issued...more

What Multinational Companies Need to Know about Collecting Personal Information from Their Employees in China

K&L Gates LLP on 11/12/2021

The Personal Information Protection Law (PIPL), which is considered the first comprehensive law on personal information protection in People’s Republic of China (PRC or China), came into effect on 1 November 2021. Prior to...more

China Issues Draft Measures on Security Assessment of Cross-Border Data Transfer

BakerHostetler on 11/9/2021

On Oct. 29, 2021, the Cyberspace Administration of China (CAC) published the “Draft Measures on Security Assessment of Cross-Border Data Transfer” (Draft Measures) for comment through Nov. 28. The Draft Measures follow and...more

China’s New Data Security and Personal Information Protection Laws: What They Mean for Multinational Companies

Skadden, Arps, Slate, Meagher & Flom LLP on 11/4/2021

Two new Chinese laws dealing with data security and privacy came into force in the fall of 2021 that are likely to have an impact on many multinational companies operating in China or whose operations touch China. These two...more

China Releases New Regulations on the Protection of Critical Information Infrastructure

Perkins Coie on 10/25/2021

On August 17, 2021, China released the new regulations on the Security and Protection of Critical Information Infrastructure (CII Regulations), which became effective on September 1, 2021. Even though China started its...more

Overview of the New Implementing Rules on Critical Information Infrastructure in China and Key Takeaways

K&L Gates LLP on 10/20/2021

On 30 July 2021, the State Council promulgated the Regulations on the Security Protection of Critical Information Infrastructure (the Regulation), which took effect on 1 September 2021. This Regulation dovetails with the...more

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