A data controller that is not a critical information infrastructure operator that cumulatively exports personal information (excluding any sensitive personal information) of less than 100,000 individuals since January 1 of...more
On December 29, 2023, the Standing Committee of the National People’s Congress of the People’s Republic of China (PRC) passed the final version of the long-awaited new Company Law (2024 Company Law) after deliberating on four...more
United States: The Administration and Congress are taking initial steps to produce legislation to regulate AI and using interim measures, such as the White House’s recently announced voluntary agreement with seven prominent...more
8/14/2023
/ Artificial Intelligence ,
China ,
Data Privacy ,
Data Protection ,
Disclosure Requirements ,
EU ,
Machine Learning ,
New Guidance ,
New Regulations ,
OECD ,
OSTP ,
Personal Information ,
UK
The interim administrative measures, which are the first comprehensive AI regulations in the People’s Republic of China (PRC or China), apply only to using generative AI technology to provide services to the public within the...more
With the amended Counter-Espionage Law, China has broadened its definition of “espionage” to give information related to “national security and interests” the same protections already given to state secrets.
The amended...more
In recent years, alongside the rapid development of the digital economy and the concomitant increase in data generation, collection, processing and monitoring in the People’s Republic of China (PRC or China), the Chinese...more
3/23/2023
/ China ,
Cross-Border ,
Cybersecurity ,
Data Collection ,
Data Processors ,
Data Protection ,
Data Security ,
EU ,
General Data Protection Regulation (GDPR) ,
Information Security ,
International Data Transfers ,
Personal Information ,
Privacy Laws
The Personal Information Protection (PIP) Law of the People’s Republic of China (PRC) provides three legal mechanisms for a personal information processor (data controller) in the mainland PRC to transfer personal information...more
“Data export” refers to the overseas transfer from China of data collected and generated within China, as well as the scenario in which a foreign entity or foreign individual is granted the authority to access to any data...more
China’s first amendment to its Anti-Monopoly Law will impact merger filings and anti-monopoly enforcements.
The amended law grants the enforcement authority the power to suspend the review of merger control cases....more
7/13/2022
/ Anti-Monopoly ,
China ,
Competition ,
Corporate Counsel ,
Enforcement ,
Merger Controls ,
Mergers ,
Penalties ,
Public Interest ,
Safe Harbors ,
State Administration for Market Regulation (SAMR)
The Regulation on Management of Automobile Data Security (Trial) (Regulation) was passed on the 101st meeting of Cyberspace Administration of China (CAC), approved by four other Chinese ministries and officially published on...more
On August 20, 2021, the Standing Committee of the National People’s Congress (NPC) of the People’s Republic of China (PRC or China) enacted the Personal Information Protection Law (PIP Law), which will come into effect on...more
Recent U.S. IPOs of Chinese companies prompt data security concerns among government authorities, leading to a tightening of cyber regulations.
Cybersecurity review will be mandatory for (i) purchase of network products and...more
The new Data Security Law, together with the Cybersecurity Law (effective since June 1, 2017) and the Personal Information Protection Law (which is expected to be formally published later this year) will serve as the three...more
In passing the Anti-Foreign Sanctions Law, China creates the most wide-ranging legal tool to counter sanctions imposed by the U.S., the European Union and other foreign countries.
All entities and individuals (including...more
Based on China’s Cybersecurity Law (effective from June 1, 2017), the latest draft of Personal Information Protection Law and draft of Data Security Law, the new draft regulations would apply not only to automobile producers...more
5/20/2021
/ Automotive Industry ,
China ,
Cross-Border ,
Cybersecurity ,
Data Privacy ,
Data Security ,
Motor Vehicles ,
New Regulations ,
Personal Information ,
Popular ,
Reporting Requirements ,
Sensitive Personal Information
Following the new Export Control Law of China that encourages all exporters to establish an internal compliance program, China’s Ministry of Commerce (MOFCOM) has published guidelines for the internal compliance programs of...more
5/13/2021
/ Audits ,
Bureau of Industry and Security (BIS) ,
China ,
Compliance ,
Contingency Plans ,
Enforcement Actions ,
Export Controls ,
MOFCOM ,
New Guidance ,
Policy Statement ,
Risk Assessment ,
Training
Notice No. 16 lists 146 steel products subject to the cancellation of export tax rebates.
Notice No. 16 does not provide any transition period or other options that may lessen the impact on exporters in China....more
The Blocking Statute provides the legal basis for refusing to recognize, implement, and comply with unjustified extraterritorial application of foreign legislations and sanctions that prohibit or restrict normal economic,...more
The new national security review system will target foreign investment in military sectors and investment that involves obtaining actual control of important agricultural products, natural energy, heavy equipment...more
The Encryption Export List is the first list of controlled items after the issuance and implementation of China’s new Export Control Law. Under the previous legal regime, China imposed export licensing requirements on the...more
On October 21, 2020, the Standing Committee of the National People’s Congress (NPC) of the People’s Republic of China (PRC) released the draft PIP Law for public comment.
With the big data industry rapidly growing in China...more
11/5/2020
/ California Consumer Privacy Act (CCPA) ,
China ,
Coronavirus/COVID-19 ,
Cross-Border Transactions ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Protection ,
General Data Protection Regulation (GDPR) ,
Popular ,
Public Comment ,
Sensitive Personal Information ,
Third-Party Service Provider
The new law establishes a unified export control system. “Export” governed by the law includes not only the transfer of controlled items from within the territory of the PRC to outside of the PRC but also the provision of...more
Technologies relating to Generation III & IV nuclear reactors have been added to China’s newly updated Catalogue of Technologies Prohibited and Restricted from Export (the Catalogue). Export of such technology is subject to a...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
PRC authorities release updated Catalogue of China’s Export Prohibited and Restricted Technologies (the Catalogue), the first overhaul of the guidelines in more than a decade.
Based on the 2008 version of the Catalogue,...more