On September 24, the Bureau of Industry, Security, Import and Export Control (BISIEC) of the Ministry of Commerce (MOFCOM) announced a formal investigation under China’s Unreliable Entity List (UEL) regime into PVH Group, a...more
10/15/2024
/ Blocking Statutes ,
China ,
Defense Sector ,
Economic Sanctions ,
Enforcement Actions ,
Entity List ,
Fashion Industry ,
Foreign Corporations ,
Investigations ,
MOFCOM ,
Retailers ,
Supply Chain
On September 24, 2024, the State Council released the Regulations on the Management of Network Data Security (《网络数据安全管理条例》) (“Regulations”). The Regulations focus on prominent issues related to Personal Information (PI),...more
10/14/2024
/ China ,
Consent ,
Data Collection ,
Data Privacy ,
Data Processors ,
Data Protection ,
Data Security ,
International Data Transfers ,
Notice Requirements ,
Personal Data ,
Personal Information ,
Sensitive Personal Information
China’s draft Amended Anti-Money Laundering (AML) Law1 (AML Law) was submitted to the Standing Committee of the National People's Congress (NPC) on September 10 for the second of what are generally three readings....more
10/1/2024
/ Anti-Money Laundering ,
Beneficial Owner ,
China ,
Compliance ,
Cross-Border Transactions ,
Customer Due Diligence (CDD) ,
Data Privacy ,
National Security ,
Penalties ,
Pending Legislation ,
Personal Data ,
Popular ,
Proposed Amendments
China has long maintained that trade sanctions imposed unilaterally by one or more countries outside the scope of the United Nations Security Council, where China enjoys veto power as one of the five permanent members, are...more
On June 6, 2024, Premier Li Qiang signed a State Council decree introducing the Regulation on Fair Competition Reviews (the Regulation) effective August 1. According to the Regulation, administrative agencies and...more
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
3/27/2024
/ China ,
Compliance ,
Consultation ,
Corporate Counsel ,
Cybersecurity ,
Exemptions ,
Filing Requirements ,
Free Trade Zone ,
International Data Transfers ,
Multinationals ,
Personal Information ,
Security Risk Assessments ,
Standard Contractual Clauses ,
Threshold Requirements
The sixth and latest revision of the Company Law was adopted by the Standing Committee of the 14th National People’s Congress on December 29 after four readings, one more than the usual three readings, and will take effect on...more
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
10/13/2023
/ China ,
Corporate Counsel ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
International Data Transfers ,
Personal Information ,
Personal Information Protection Law (PIPL) ,
Popular ,
Standard Contractual Clauses
On Sunday August 13, 2023, the State Council released the Opinions to Further Optimize the Environment for Foreign Investment and Increase Efforts to Attract Foreign Investment (“Opinions”)....more
8/16/2023
/ China ,
Cross-Border Transactions ,
Economic Development ,
Foreign Investment ,
Green Initiatives ,
Green Technology ,
Manufacturers ,
Public Policy ,
Public Procurement Policies ,
Tax Incentives ,
Technology Sector
The Cyberspace Administration of China (“CAC”) on August 3, 2023 published the draft Administrative Measures for Personal Information Protection Compliance Audits (“draft Measures”) for public comment through September 2,...more
On June 28, China’s Foreign Relations Law (the “Law”) was adopted at the third session of the Standing Committee of the 14th National People’s Congress (NPC), with effect almost immediately on July 1, 2023....more
The Cyberspace Administration of China (“CAC”) promulgated the Procedures for Administrative Law Enforcement by the Cyberspace Administration Departments (网信部门行政执法程序规定, “Enforcement Procedures”) on March 18, 2023, effective...more
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
Article 38 of China’s Personal Information Protection Law (“PIPL”) enacted in 2021, which is more demanding than GDPR in Europe, provides three channels to conduct the outbound transfer or export of personal information...more
2/24/2023
/ Certification Requirements ,
China ,
Cybersecurity ,
Data Privacy ,
Data Processors ,
Data Security ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Personal Information ,
Personal Information Protection Law (PIPL) ,
Standard Contractual Clauses
On December 16, 2022 – less than six months after the initial version (“V1.0”) was released in June 2022, and within six weeks after the draft revision was issued on November 8 – the National Information Security...more
Outbound Data Transfer Security Review Measures -
On July 7, 2022, the Cybersecurity Administration of China (“CAC”) issued the Outbound Data Transfer Security Assessment Measures (“Security Assessment Measures”) effective...more
7/27/2022
/ China ,
Contract Terms ,
Cybersecurity ,
Data Protection ,
Data Security ,
International Data Transfers ,
Personal Information ,
Personal Information Protection Law (PIPL) ,
Popular ,
Public Comment ,
Sensitive Personal Information ,
Standard Contractual Clauses
In China, personal information (“PI”) may be transferred overseas when it is essential for business operations, subject to a number of conditions as stipulated under the Personal Information Protection Law (2021) (“PIPL”),...more
The Ministry of Industry and Information Technology (“MIIT”), following the first round of public comments which concluded on October 30, 2021, published a new draft of the Administrative Measures on Data Security in the...more
China Publishes Draft Amendment to Company Law -
The Standing Committee of the 13th National People’s Congress issued the draft Amendment to the Company Law (“Amended Company Law”) on December 24, 2021 for comment through...more
On December 27, 2021, the National Development and Reform Commission (“NDRC”) and the Ministry of Commerce jointly issued the Special Administrative Measures (Negative List) for Foreign Investment Access (2021 Edition)...more
1/11/2022
/ China ,
Comment Period ,
Critical Infrastructure Sectors ,
Data Security ,
Foreign Direct Investment ,
Foreign Investment ,
Free Trade Zone ,
Initial Public Offering (IPO) ,
National Security ,
Proposed Rules ,
Securities Regulation ,
Variable Interest Entities
The Cyberspace Administration of China (“CAC”) on November 14, 2021 published the draft Regulations on the Administration of Network Data Security (“Draft Regulations”) for comment through December 13, 2021.1 The Draft...more
12/7/2021
/ China ,
Cybersecurity ,
Data Privacy ,
Data Processors ,
Data Protection ,
Data Security ,
Extraterritoriality Rules ,
International Data Transfers ,
National Security ,
Personal Information ,
Personal Information Protection Law (PIPL) ,
Proposed Regulation ,
Regulatory Requirements
The Cyberspace Administration of China (“CAC”) on October 29, 2021 published the draft Measures on Security Assessment of Cross-Border Data Transfer (“Draft Measures”) for comment through November 28, 2021. The Draft Measures...more
11/3/2021
/ China ,
Cross-Border ,
Cybersecurity ,
Data Security ,
Data Transfers ,
International Data Transfers ,
Personal Information ,
PIPA ,
Popular ,
Proposed Regulation ,
Regulatory Authority
China’s Personal Information Protection Law (PIPL or the final version), following the first two readings in October 2020 and April 2021, was adopted on August 20, 2021 and will become effective on November 1, 2021. The final...more
8/31/2021
/ China ,
Consumer Privacy Rights ,
Data Controller ,
Data Privacy ,
Data Processors ,
Data Protection ,
Employee Privacy Rights ,
Extraterritoriality Rules ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
International Treaties ,
New Legislation ,
Personal Data
The General Office of the Central Committee of China’s Communist Party and the General Office of the State Council on July 24, 2021 jointly released the Opinions on Further Reducing the Burden of Homework and Off-Campus...more
China’s State Council on August 17 released the Critical Information Infrastructure Security Protection Regulations (“Regulations”) effective September 1, a key administrative regulation in the implementation of the 2016...more