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Antitrust, Competition, and Economic Regulation Quarterly Newsletter - Winter 2020

Dutch competition authority imposes fine on company for deleted chat messages during a dawn raid - The Dutch competition authority (“ACM“) recently confirmed that the obligation to cooperate fully with an inspection/during...more

Predicting the unpredictable: the coronavirus and its impact on the energy industry

On 30 January 2020, the World Health Organization declared COVID-19 to be a public health emergency of international concern. ...more

Changes in insurance regulation: Mainland China / Hong Kong / Singapore / Indonesia / Vietnam - July - December 2019

This tracker covers a range of developments across the region, including China's measures to further open up China's insurance sector, the guidelines issued by the Hong Kong Insurance Authority in light of the regulatory...more

China contract boot camp: How foreign businesses can avoid entering into contracts involving "fake content with a genuine chop"

Under normal circumstances the fact that the parties to a contract have imprinted seals (or 'chops' as official company seals are called in China) would typically indicate that the parties have reached an agreement on the...more

Will introducing payments for antitrust whistle-blowing in China prove to be a compliance game changer?

On 19 November 2019, the State Administration for Market Regulation (“SAMR”) posted a draft of the Interim Measures on Rewards for Complaints Against Significant Illegal Conduct in the Market Regulation Field (“Draft Reward...more

China allows foreign-invested enterprises to make equity investments within China from the capital account: liberalization of the...

Ever since China began opening up to the outside world, the right of foreign-invested enterprises ("FIEs") to make equity investments within the People's Republic of China (which for these purposes refers to Mainland China...more

The grand "finale" of China's Encryption Law

Two years on since the first draft, the final act of the legislative passage saga of the long-awaited People's Republic of China Encryption Law ended with its promulgation on 26 October 2019. It will take effect on 1 January...more

The Foreign Investment Law gets wings: draft implementation regulations released for public consultation

Following the ground-breaking People's Republic of China (PRC) Foreign Investment Law (FIL) which unifies and replaces the main existing rules governing foreign invested enterprises (FIEs) and their activities, namely the...more

Open for business: China adopts new legislation to further open up its insurance and banking sectors to foreign investors

On 15 October 2019 the State Council in China published the decision on revising the Foreign Insurers in China Regulations and the Foreign-Invested Banks Administrative Regulations (known as the "Decision"). The Decision...more

Open for business: China ignores 'background noise' and forges ahead with opening up its financial sector

After the China Banking and Insurance Regulatory Commission announced 12 measures to open up China’s banking and insurance industry in May, the Financial Stability and Development Committee under the State Council announced...more

Third party payment licences in China – are they within the grasp of foreign investors?

China is marching on to be the world's pioneering cashless society but unfortunately there is an almost complete absence of foreign counterparts in the huge Chinese domestic or cross border transactions initiated from China....more

China implements new foreign exchange rules in the Free Trade Zones

Between July and August 2019, China's State Administration of Foreign Exchange ("SAFE") made one step forward towards China's comprehensive foreign exchange reform. The local branches of SAFE in China's 12 Free Trade Zones...more

China's new Foreign Investment Law: the impact on financial institutions

Much has already been written about the foreign investment law which was voted into law by China's highest legislative body, the National People's Congress of the People's Republic of China, on 15 March 2019. ...more

TMT Horizons 2019

The dynamism of the Technology, Media and Telecoms sector is set to continue. Challengers can reach scale seemingly overnight, forcing market change at a similar speed. Established business models are upended, driving...more

[Webinar] China's new Foreign Investment Law: fewer obstacles, and more opportunities for international investors - (2 Sessions)...

China's new FIL and ambitious but controversial long-term strategies such as "Made in China 2025" mean potentially greater investment opportunities for international companies - particularly in high-tech manufacturing, life...more

China's first data protection measures lifting its veils

On 28 May 2019, the Cyberspace Administration of China (CAC) released the draft Measures on the Administration of Data Security (Data Security Measures, see our in-house English translation here) for public...more

China marches into cybersecurity classified protection 2.0 - May 2019

The cybersecurity classified protection regime attracted significant attention when it was included in the Peoples Republic of China (PRC) Cyber Security Law promulgated in 2017 (the CSL). The CSL mandates that network...more

A tale of two visions: what does China's social credit system really mean?

The Social Credit System ("SCS") in the People's Republic of China is not a new concept. But the Chinese Social Credit System is nothing if not controversial. There are two world views of the SCS, which paint diametrically...more

A new model for obtaining data protection consents: unbundling the proposed amendments to China's Personal Information Security...

On 1 February, 2019, the National Information Security Standardization Technical Committee issued an amended version of the GB/T 35372-2017 Information Technology – Personal Information Security Specification for public...more

The foreign investment law: A new chapter opens for foreign direct investment in China

As had been widely anticipated, the Foreign Investment Law was voted into law by China's highest legislative body, the National People's Congress of the People's Republic of China on March 15, 2019. ...more

China breaks new ground with Foreign Investment Law-related Intellectual Property (“IP”) reform

In a recent move involving both the Chinese legislature (the National People’s Congress) and the executive branch (the State Council), China has overhauled two of its most important pieces of legislation governing inbound...more

New draft of the Foreign Investment Law takes a more 'stripped-down' approach, but defers discussion on the 'elephant in the room'

On December 26, 2018, the National People's Congress (NPC) of the People's Republic of China (China or PRC) issued a revised draft Foreign Investment Law (the 2018 Draft) for public comments, accompanied by an explanation...more

GMCQ: Global Media, Technology and Communications Quarterly - Autumn/Winter 2018

In this edition we survey the latest legal and regulatory developments across the global media and communications industry. We have a particular focus on new privacy laws. ...more

Busting the Myth: Compliance with the ‘Gold Standard’ of the GDPR Does Not Buy You a ‘Free Pass’ Under China’s New Personal...

On December 29, 2017, the Standardization Administration of China, jointly with the PRC General Administration of Quality Supervision, Inspection and Quarantine, issued the Information Security Technology – Personal...more

China’s new rules on telemedicine and Internet hospitals - some things clarified, some questions left unanswered

China's new rules for Internet-based medical services – telemedicine, Internet hospitals and Internet-based diagnosis came into force on 17 July 2018. ...more

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