The Second Session of the Standing Committee of the 14th National People’s Congress voted and passed on April 26, 2023 the newly revised “Anti-Espionage Law of the People’s Republic of China” (the New Anti-Espionage Law). The...more
As part of our Spotlight series, we welcome Todd Liao, a partner in our Shanghai office who works with clients on a wide range of complex commercial and financial transactions and legal issues involving China. Todd is a...more
As geopolitical, trade, and investment tensions continue between the United States and China, US issuers should review their current exposure to the China market and adjust their risk factor disclosures on a quarterly basis,...more
China's State Administration for Market Regulation (SAMR) recently issued the Measures for the Administration of Internet Advertising (New Measures), which will take effect on May 1, 2023, and replace the Interim Measures for...more
The need for privacy and cybersecurity compliance measures has become a paramount consideration as businesses become more digitally driven, data breaches become more publicized, and regulation continues to increase. Morgan...more
The prevention of forced labor in the global supply chain has been elevated in visibility and consequence over the last several years. In 2022, the emphasis focused largely, though not exclusively, on trade remedies. The...more
Heading into 2023, Asia’s tech scene is well-positioned for strong growth potential. As with any industry where advancement and innovation are outpacing regulation, the complex landscape can be difficult for businesses to...more
11/1/2022
/ Asia ,
CFIUS ,
Data Privacy ,
Digital Assets ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
FinTech ,
Mergers ,
Metaverse ,
National Security ,
Patent Litigation ,
Popular ,
Startups ,
Virtual Reality
World events, such as the COVID-19 pandemic, have accelerated the need for business operations to grow more digitally reliant and driven. As the global network grows and becomes more interconnected, privacy and...more
9/15/2022
/ Biometric Information ,
Computer Fraud and Abuse Act (CFAA) ,
Corporate Counsel ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Personal Information Protection Law (PIPL) ,
Popular
The Cyberspace Administration of China’s Measures for Security Assessment of Cross-border Data Transfer have retroactive effect for cross-border data transfers conducted prior to September 1, 2022. Businesses have a grace...more
The Cyberspace Administration of China (CAC) announced on July 21 that it fined China’s ride-hailing giant Didi 8.026 billion yuan ($1.2 billion) for illegally collecting customer information since 2015 and handling data in a...more
China recently finalized the Measures for Security Assessment for Cross-Border Data Transfers, unveiling the last piece of the puzzle for cross-border data transfer. This LawFlash highlights the key requirements in the data...more
The Cyberspace Administration of China released for public consultation its long-awaited template for the cross-border data transfer agreement on June 30, 2022, under the draft Provisions on the Prescribed Agreement on...more
Leading up to the June 21 effective date, US Customs and Border Protection issued operational guidance and a strategy document to assist importers with Uyghur Forced Labor Prevention Act compliance and to define its...more
6/23/2022
/ China ,
Customs and Border Protection ,
Department of Labor (DOL) ,
Forced Labor ,
Human Rights ,
Importers ,
Imports ,
Supply Chain ,
Trade Restrictions ,
US Trade Policies ,
Uyghur Forced Labor Prevention Act (UFLPA)
China’s legal framework around data protection and security is governed broadly by three key pieces of legislation: the Cybersecurity Law, which came into effect in 2017, and the Data Security Law (DSL) and the Personal...more
Per the Holding Foreign Companies Accountable Act, the US Securities and Exchange Commission has begun identifying public companies that retained audit firms that the Public Company Accounting Oversight Board has determined...more
China has passed new regulations on imported food, affecting overseas food manufacturers, processors, and storage facilities. These regulations include requirements regarding registration, labelling and packaging, as well as...more
Multinational pharmaceutical companies, by nature of their business, handle a great deal of data, often transferred across borders, whether based on research, clinical trial data, and employee personal data....more
10/11/2021
/ China ,
Clinical Trials ,
Cybersecurity ,
Data Controller ,
Data Processors ,
Data Protection ,
Data Security ,
Genetic Materials ,
International Data Transfers ,
Life Sciences ,
Multinationals ,
Personal Information Protection Law (PIPL)
Life sciences companies are increasingly global, with the nationalities of individuals in management teams and offices often spanning the major life sciences centers across the United States, in China, and around the world....more
China’s long-awaited Personal Information Protection Law (PIPL), after two rounds of draft versions, was finally passed by the Standing Committee of the National People's Congress on August 20, 2021, with the law effective...more
8/24/2021
/ China ,
Corporate Counsel ,
Cybersecurity ,
Data Controller ,
Data Processors ,
Data Protection ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Personal Data ,
Personal Information ,
Popular ,
Regulatory Reform
China’s new Data Security Law includes more expansive and restrictive requirements on data localization, mandatory security level certification, and severe penalties on unauthorized foreign transfer of data....more
China recently amended its primary regulation governing medical devices, the Regulation on Supervision and Administration of Medical Devices (2021 RSAMD), which will replace its previous 2014 version and become effective on...more
The still evolving US sanctions (as well as the EU and now also separate UK sanctions) continue to challenge Russia-related business. The sanctions frameworks are complex, changing, and, at times, inconsistent as well as...more
3/23/2021
/ Bureau of Industry and Security (BIS) ,
CAATSA ,
Crimea ,
Economic Sanctions ,
EU ,
Foreign Policy ,
Infrastructure ,
Office of Foreign Assets Control (OFAC) ,
Oil & Gas ,
Russia ,
SDN List ,
UK ,
UK Brexit
China’s Ministry of Commerce (MOFCOM) published the Rules on Counteracting Unjustified Extraterritorial Application of Foreign Legislation and Other Measures (the Blocking Statutes) on January 9. The rules, which consist of...more
Long-awaited legislation in China—the Personal Information Protection Law of the People’s Republic of China—was released for public consultation on October 21. Once passed, the law will be the first designated personal...more
The Chinese government has been actively promoting internet-based medicine in mainland China since 2014. On July 17, 2018, the National Health Committee (NHC) and the State Administration of Traditional Chinese Medicine...more