Organizations whose mantra is “We just never delete anything” (i.e., organizations simply retaining all information indefinitely) are now facing headwinds, especially when the information contains personal information. As our...more
As calls for executive accountability for cybersecurity intensify, it is essential for companies to scrutinize the adequacy of ephemeral messengers, such as Signal, WhatsApp, WeChat, and Snapchat, in light of both present and...more
Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the week of July 8-14. Here’s what’s...more
Takeaway: In Citizen Power Initiatives for China, et al. v. Tencent America LLC, et al., Nos. H049519 & H049717, 2024 WL 2266070 (Cal. Ct. App. May 20, 2024), a California appellate court found that WeChat users were bound...more
As the data protection regime in China continues to evolve, so do the individual privacy rights of employees. A Beijing appellate court recently rejected an employer’s ability to use—without the employee’s informed...more
On March 3, 2023, Assistant Attorney General Kenneth A. Polite announced significant revisions to the Department of Justice (“DOJ”) Criminal Division’s Evaluation of Corporate Compliance Programs (“ECCP”) specifically focused...more
Earlier this month, President Biden issued two executive orders designed to address risks allegedly posed by Chinese technology companies. One order rescinds President Trump's orders banning TikTok, WeChat, and other Chinese...more
The U.S. government's efforts to secure sensitive personal data against foreign adversaries, primarily with an eye toward China, continue. On June 9, 2021, President Joe Biden signed the Executive Order on Protecting...more
On June 9, 2021, the Biden Administration issued an executive order (EO) entitled “Executive Order on Protecting Americans’ Sensitive Data from Foreign Adversaries.” This EO revoked three prior Trump Administration EOs aimed...more
On June 9, 2021, President Biden signed an Executive Order (“EO”) revoking Trump’s orders on TikTok and WeChat. In their stead, President Biden’s EO subjects software applications controlled or owned by “foreign adversaries”...more
On January 5, 2021, President Trump signed an executive order (EO) prohibiting U.S. persons from engaging in transactions with eight “connected software applications” developed or controlled by Chinese companies. The...more
On January 5, 2021, President Trump signed another executive order (EO) to address the threat to U.S. national security posed by access to personal data by the People's Republic of China and the Chinese Communist Party. This...more
U.S. Judge Halts Trump's TikTok Ban, Hours Before It was Set to Start - "John Hall, an attorney for TikTok, said that the app, with some 100 million American users, is a 'modern day version of the town square' and shutting...more
Just as quickly as the U.S. Department of Commerce announced the parameters of prohibitions on transactions involving TikTok and WeChat, pursuant to Executive Orders 13942 and 13943, respectively, actions were taken to delay...more
A federal judge from the U.S. District Court for the District of Columbia granted TikTok’s motion for preliminary injunction, resulting in a nationwide temporary suspension of an order from the U.S. Department of Commerce...more
In response to President Trump's Executive Orders signed on August 6, 2020, the Department of Commerce announced on September 18, 2020 prohibitions on transactions in connection with the mobile app WeChat, citing the concerns...more
The US Commerce Department releases scope of bans on Tiktok and WeChat - This past August, our China Team reported on President Trump's Executive Order 13942, which placed restrictions on any transactions with two of the most...more
Sunday, September 20, 2020, was intended to be the day on which prohibitions would go into effect on ByteDance Ltd. (ByteDance) and Tencent Holdings Ltd. (Tencent) and their subsidiaries—makers of the TikTok and WeChat apps,...more
On Saturday, two actions put a stop, at least temporarily, to the U.S. shutdown of the popular social media apps WeChat and TikTok. WeChat - On September 19, 2020, a California Federal Magistrate Judge issued a...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
On September 19, 2020 (September 18, 2020 U.S. EDT), China’s Ministry of Commerce (MOFCOM) published the Provisions on the Unreliable Entity List (UEL Provisions), which took effect on the same date. On May 31, 2019,...more
China-based smartphone apps, TikTok and WeChat, have each received a reprieve from the respective bans, which were originally ordered by President Trump on August 6, 2020 against both parties and were scheduled to take effect...more
This past weekend saw a halt to the anticipated September 20 implementation of broad prohibitions published on September 18 by the U.S. Department of Commerce (Commerce) regarding TikTok and WeChat mobile applications. No...more
On September 18, 2020, the U.S. Department of Commerce issued two orders identifying the specific transactions related to the WeChat and TikTok mobile applications ("Orders") that are prohibited pursuant to Executive Orders...more
To implement President Trump’s August 6, 2020 Executive Order on Addressing the Threat Posed by WeChat and Executive Order on Addressing the Threat Posed by TikTok, Friday, September 18, 2020, the U.S. Department of Commerce...more