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
The Central Committee of China’s Communist Party and the State Council on August 11 jointly published the Five-Year Outline for Implementation of the Buildout of a Government under the Rule of Law (2021-2025) (the “Outline”),...more
On July 6, the General Office of the Central Committee of China’s Communist Party and the General Office of the State Council jointly issued the Opinions on Strictly Cracking Down on Illegal Securities-related Activity in...more
7/12/2021
/ China ,
Comment Period ,
Corporate Counsel ,
Data Protection ,
Data Security ,
Data Storage ,
Foreign Corporations ,
Foreign Exchanges ,
Listing Rules ,
Offshore Listings ,
Online Platforms ,
Personal Data ,
Personal Information ,
Proposed Regulation ,
Securities
The Standing Committee of China's National People’s Congress (NPC) on June 10 enacted the Data Security Law (DSL) which will come into effect on September 1. The NPC reviewed two earlier drafts of the DSL in July 2020 and...more
6/16/2021
/ Blocking Statutes ,
China ,
Countermeasures ,
Cybersecurity ,
Data Security ,
Extraterritoriality Rules ,
International Data Transfers ,
Multinationals ,
National Security ,
New Legislation ,
Personal Information ,
Proposed Legislation
The Cyberspace Administration of China (CAC) on May 12 issued the Draft Provisions on the Management of Automobile Data Security (Draft Provisions) for public comment through June 11. The Draft Provisions aim to regulate the...more
On June 10, the Standing Committee of National People’s Congress of China enacted the Anti-Sanctions Law (ASL) on an accelerated basis after only two rather than the normal three readings and without an opportunity for public...more
On April 26, the second draft of the Data Security Law was submitted to the Standing Committee of the National People’s Congress for deliberation through May 28, 2021. Compared to the first draft submitted in July last year,...more
5/10/2021
/ China ,
Corporate Counsel ,
Data Protection ,
Data Security ,
Document Productions ,
International Data Transfers ,
Legislative Agendas ,
Multinationals ,
Personally Identifiable Information ,
Regulatory Agencies ,
Regulatory Agenda
On January 9, 2021, China’s Ministry of Commerce (“MOFCOM”) promulgated the Rules on Blocking Unjustified Extraterritorial Application of Foreign Legislation and Other Measures (阻断外国法律与措施不当域外适用办法) (“Blocking Rules”). The...more
The Chinese Communist Party convened the Fifth Plenum of its 19th Central Committee on October 26-29. In accordance with longstanding norms, the fifth of seven plenums every five years customarily signals changes in the Party...more
The Standing Committee of China’s National People’s Congress on October 21 released the draft Personal Information (PI) Protection Law (the Draft Law) for public comments through November 19. It consists of 70 articles across...more
The Standing Committee of the 13th National People’s Congress promulgated the Export Control Law of the People’s Republic of China (ECL or the Law) on October 17, 2020. The Law will enter into effect on December 1, 2020....more
On September 19, 2020, China’s Ministry of Commerce (MOFCOM) promulgated the Provisions on the Unreliable Entities List (the Provisions). MOFCOM had announced its intention to establish the Unreliable Entities List regime in...more
Human genetic resources (HGR) have long been regulated in China under the Interim Measures for the Administration of HGR issued by the Ministry of Science and Technology (MOST) and the former Ministry of Health (MOH; since...more
The US government has established new authorities to impose sanctions in response to China’s national security law for Hong Kong, increasing the compliance risks for international banks and other companies that do business in...more
On July 3, 2020, the Standing Committee of the National People’s Congress (NPC) published the draft Data Security Law (Draft Law) for public comment through August 16, 2020. The Draft Law constitutes a further step in the...more
On April 27, 2020, twelve Chinese government departments led by the Cyberspace Administration of China (CAC) jointly promulgated the Measures for Cybersecurity Review (the “Measures”) effective June 1, 2020 under the joint...more
The State Administration for Market Regulation (SAMR) and Standardization Administration of China (SAC) jointly published the Information Security Technology – Personal Information Security Specification (GB/T 35273-2020) (PI...more
The outbreak of novel coronavirus (COVID-19) has affected many businesses in China. Since the start of the outbreak in December 2019 through this date, more than 80,000 cases including more than 3,000 deaths have been...more
3/16/2020
/ China ,
Contract Terms ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employee Privacy Rights ,
Employer Responsibilities ,
Force Majeure Clause ,
Infectious Diseases ,
Performance Standards ,
Personal Information ,
Public Health ,
Wage and Hour ,
Workplace Safety
The Standing Committee of China’s National People’s Congress published the Draft Export Control Law (Draft ECL) on December 28, 2019, with comments due by January 26, 2020. The Draft ECL, if enacted in its current form,...more
1/16/2020
/ China ,
Executive Orders ,
Export Controls ,
Exports ,
General Licenses ,
Licensing Rules ,
MOFCOM ,
National Security ,
Pending Legislation ,
Trade Relations ,
Trade Wars ,
U.S. Commerce Department
China’s competition regulator, the State Administration for Market Regulation (SAMR), on January 2, 2020 published the Draft Amendments to the Anti-Monopoly Law for comment (Draft Amendments) with comments due by January...more
The Chinese Government on October 14, 2019 released an advance copy of the Draft Regulations on the Implementation of the Foreign Investment Law for comment (Draft Implementing Regulations) to several foreign chambers of...more
The Standing Committee of the National People’s Congress published the Personal Rights of the Civil Code (draft for third reading) on August 27 for public comment. Chapter Six (Articles 811-817) is dedicated to Privacy Rights...more