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The Cyber Security Law is coming! Five things enterprises should know
The Cyber Security Law is coming! Five things enterprises should know
On 7 November 2016, the Chinese Cyber Security Law was approved by the Standing Committee of the National People’s Congress. The long-awaited Cyber Security Law will come into force on 1 June 2017, after three drafts spanning one and a half years. Th...
Jiang Ke (partner), Yang Nan (associate) 金杜律师事务所 2021-01-12 1 528
Financial institutions: How far are you from the Cyber Security Law?
Financial institutions: How far are you from the Cyber Security Law?
On November 7th, 2016, China passed the Cyber Security Law (the “Cyber Security Law”) of the People’s Republic of China (“PRC” or “China”) after three readings of its drafts. The new law is to take effect as from June 1st, 2017. Being the first legis...
Lou Xianying, Fu Guangrui, Gong Wenyi, Liang Yixuan, Chen Yun 金杜律师事务所 2021-01-12 1 452
Does a non-compete obligation not apply to ordinary employees during their employment?
Does a non-compete obligation not apply to ordinary employees during their employment?
The Company Law of the People’s Republic of China explicitly states that directors and senior managers have non-compete obligations during their employment. The Employment Contract Law clearly provides that employers may negotiate non-compete obligat...
Junlu JIANG(partner), Kaitian LUO(managing associate), Di WU (legal assistant) 金杜律师事务所 2021-01-12 1 355
Are we now in an era of ¥ 1 million fines for personal information violations?
Are we now in an era of ¥ 1 million fines for personal information violations?
On 7th November 2016, the Chinese Cyber Security Law was approved by the Standing Committee of the National People’s Congress and will enter into force on 1 June 2017. One of highlights of the Cyber Security Law is its section concerned with th...
Susan Ning (partner), Hazel Yin (partner), Lingbo Wei (assistant associate), Huihui Li (assistant associate) 金杜律师事务所 2021-01-12 3 520
Data protection at home and abroad: a comparison of approaches
Data protection at home and abroad: a comparison of approaches
Data protection is not yet as high on the agendas of the boards of Chinese companies as it is for multi-national companies (“MNCs”). This is hardly surprising, as China has no designated data protection regulator, has only recently starte...
Peter Bullock 金杜律师事务所 2021-01-12 1 459
For Occupational Health, Have You Done Your Best?
For Occupational Health, Have You Done Your Best?
Occupational diseases are defined as the diseases employees suffer due to their exposure to toxic or harmful factors such as dust and radioactive substances as a result of occupational activities. Companies should be responsible for the prevention an...
Luo Ai (partner), Xie Minru(assistant associate), Guo Xian(legal assistant) 金杜律师事务所 2021-01-12 1 335
Abuse of Dominance: New Developments in the Tetra Pak Decision
Abuse of Dominance: New Developments in the Tetra Pak Decision
On 16 November 2016, the State Administration for Industry and Commerce of the People's Republic of China (“SAIC”) published its administrative penalty decision to fine Tetra Pak for abuse of dominant market position. The SAIC imposed a fine totaling...
Susan Ning (partner), Kate Peng (partner), Gao Sibo (associate), Zhang Kai (assistant associate) 金杜律师事务所 2021-01-12 2 419
Case study: Belt and Road disputes – Choosing Hong Kong as the seat of arbitration
Case study: Belt and Road disputes – Choosing Hong Kong as the seat of arbitration
China’s Belt and Road initiative brings new investment opportunities but also an increased need for careful risk management. Prior to entering into any investments, it is important for contracting parties to consider their dispute resolution options ...
Paul Starr, James McKenzie, Suraj Sajnani 金杜律师事务所 2021-01-12 1 421
An Analysis of the SPC Judgment on PRETUL
An Analysis of the SPC Judgment on PRETUL
Since the Supreme People's Court (the “SPC”) handed down its retrial judgment (2014) Civil Retrial No. 38 on the “PRETUL Case”, the question of whether the use of a trademark on an OEM product constitutes infringement has arisen as a topic of heated ...
Lou Xianying(Cecilia)(partner), Sun Haoguang(senior associate), Yuan Jiaqi(intern, resigned) 金杜律师事务所 2021-01-12 1 390
How employers cope with employees’ early departure
How employers cope with employees’ early departure
Human resources are key to a company’s core competences. In Beijing, as the household registration quota is scarce, enterprises often attract employees by helping them obtain household registration. However, some employees have their own calculation,...
Linda Liang (partner), Yuting Zhu (associate) 金杜律师事务所 2021-01-12 1 372
Employers Liability For Withholding Severance Of Employment Certificates
Employers Liability For Withholding Severance Of Employment Certificates
A document that certifies the cancellation or termination of an employment contract is known as a severance of employment certificate. Pursuant to Articles 50 and 89 of the PRC Labor Contract Law, if an employment contract between an employer and an ...
Yin Juquan (partner), Zhang Yuanhao(assistant associate) 金杜律师事务所 2021-01-12 2 483
The Price is Right? Third party funding in Hong Kong and its potential impact on the construction industry
The Price is Right? Third party funding in Hong Kong and its potential impact on the construction industry
In the recently released “Report on Third Party Funding for Arbitration” (“Report”), the Law Reform Commission has recommended that the Arbitration Ordinance be amended to permit third party funding in arbitration, mediation and litigation proceeding...
Paul Starr (Partner), James McKenzie (Associate), Nicholas Lee (Trainee Solicitor) 金杜律师事务所 2021-01-12 1 371
What a Negative List!
What a Negative List!
A new “filing and negative list” regulatory system for foreign-invested enterprises (“FIEs”) has now been officially launched in China. On October 8th, 2016, the Ministry of Commerce (“MOFCOM”) issued the Interim Measures for the Administration of Es...
Wu Ye 金杜律师事务所 2021-01-12 1 448
Big Data: Success Comes Down to Solid Compliance
Big Data: Success Comes Down to Solid Compliance
Data has become the strategic resource so far. It can be expected that China’s big data industry will embrace rapid growth in the near future. With the boom of the big data industry, many areas such as government administration, public service and in...
Susan Ning (partner), Wu Han(senior associate), Zhao Yangdi (associate) 金杜律师事务所 2021-01-12 1 436
When Banks Meet Tax Authorities — Key Issues that Lawyers Should Know About Tax Administration in the New Finance Era (I)
When Banks Meet Tax Authorities — Key Issues that Lawyers Should Know About Tax Administration in the New Finance Era (I)
In February, the Measures on the Due Diligence of Non-resident Financial Account Information in Tax Matters (draft for comment) (hereinafter referred to as “the Measures”) issued by the State Administration of Taxation has attracted the attention of ...
Bill Ye, Jessie Yu, Mona Lan 金杜律师事务所 2021-01-12 1 387
Foreign Invested Banks: Opportunity or Challenge?
Foreign Invested Banks: Opportunity or Challenge?
On March 10, 2017, the General Office of the China Banking Regulatory Commission promulgated the Circular on Carrying on Certain Businesses by Foreign Invested Banks (Yin Jian Ban Fa [2017] No.12, the “Circular”), clarifying certain business areas fo...
Chen Yun, Wang Rong, Liang Yixuan 金杜律师事务所 2021-01-12 1 429
China's Step Forward to Personal Data Protection
China's Step Forward to Personal Data Protection
China’s national legislature on March 15, 2017 passed the General Provisions of the Civil Law (the “General Provisions”), the opening chapter of a civil code planned to be enacted in 2020. The General Provisions were adopted at the closing meeting of...
Susan Ning, Han Wu, Yangdi Zhao 金杜律师事务所 2021-01-12 2 448
Travelling Abroad During Sick Leave: Are You Kidding Me?
Travelling Abroad During Sick Leave: Are You Kidding Me?
An employee joined the company last March. At the end of March, he submitted a “Certificate of Diagnosis” of cervical spondylosis, claiming that he needed to rest for half a month as per doctor’s advice. Three days after approval of...
Xu Xiaodan, Li Hongchuan 金杜律师事务所 2020-12-28 0 741
Does Your Data Need “a Visa” to Travel Abroad?
Does Your Data Need “a Visa” to Travel Abroad?
The Cybersecurity Law of the People’s Republic of China (the “Cybersecurity Law”), adopted by the Standing Committee of the National People’s Congress on November 7th, 2016, will take effect on June 1st, 2017. In order to ensure its implementation, t...
Susan Ning, WU Han, YANG Nan, LI Huihui 金杜律师事务所 2020-12-27 2 901
Patent Disputes and Article 24 of Judicial Interpretation II
Patent Disputes and Article 24 of Judicial Interpretation II
On behalf of Qualcomm Incorporated, King & Wood Mallesons recently asserted several standard essential patents (SEPs) against Meizu, a Zhuhai-based handset manufacturer. Meizu concluded a license agreement with Qualcomm on fair, reasonable, and non-d...
Li Zhongsheng 金杜律师事务所 2020-12-27 2 885
New Rules for Basic Pension Transfer and Continuation
New Rules for Basic Pension Transfer and Continuation
On November 28, 2016, the Ministry of Human Resources and Social Security issued the Notice on Several Issues in the Transfer and Continuation of Basic Pension Insurance of Urban Enterprise Employees clarifying several issues arising from the impleme...
LUO Ai, TANG Xiaojing 金杜律师事务所 2020-12-27 3 785
Employers: Be Cautious with Pay Cuts
Employers: Be Cautious with Pay Cuts
Reduction of an employee’s salary is often a consequence of the employer’s decision to demote the employee for some reason. However, the employer should refrain from meting out a pay cut arbitrarily. Usually, lawful pay cuts occur in two circumstance...
Yin Juquan, Zhang and Yuanhao 金杜律师事务所 2020-12-27 2 774
How to deal with Employees’ Unreasonable Application for Sick Leave
How to deal with Employees’ Unreasonable Application for Sick Leave
According to the PRC labor laws, an employer is obliged to ensure employee’s right to stipulated medical treatment period if an employee is suffering from illness. In practice, when an employee goes to the hospital and seeks professional advice from ...
Lucy Lu, Li Xin, Hang Ying 金杜律师事务所 2020-12-27 1 688
Respite or False Dawn: MOFCOM Hints at Softening of Tough PRC E-commerce Policies
Respite or False Dawn: MOFCOM Hints at Softening of Tough PRC E-commerce Policies
International health food companies and infant formula food suppliers rejoiced on March 17, 2017, when the China Ministry of Commerce confirmed that the current supervision model will likely be adjusted for cross border e-commerce retail imports. The...
Mark Schaub, Chen Bing, Martyn Huckerby 金杜律师事务所 2020-12-27 1 823
Everything You Should Know before Sending a Cease & Desist Letter in China
Everything You Should Know before Sending a Cease & Desist Letter in China
To protect your IP rights, sending potential infringers a Cease & Desist Letter or Warning Letter is one of the most common tools. Is it a necessary step before starting any legal proceedings in China?What legal consequences does it entail? Are there...
Mia Qu, Hannah Sun, Wendy Dong 金杜律师事务所 2020-12-27 2 721
Compliance Challenges for Businesses in the “New Normal”
Compliance Challenges for Businesses in the “New Normal”
The reform and opening up in China has been a process of establishing and improving a modern market system. As this process deepens, “building a unified, open, orderly and competitive market” has become the goal of the market economy reform. China’s ...
Susan Ning 金杜律师事务所 2020-12-27 1 664
China: ADAS to Self-driving Cars – The Journey Starts
China: ADAS to Self-driving Cars – The Journey Starts
The move towards self-driving cars is relentless and China as the world’s largest auto market and a leader in internet technologies wants to be at the cutting edge of this revolution. That self-driving cars is a huge potential market. Advanced Driver...
Mark Schaub, Atticus Zhao, David Hong 金杜律师事务所 2020-12-27 1 648
CRS Implementing Rules Finally Released
CRS Implementing Rules Finally Released
Finally after seven months of waiting, the Administrative Measures on Due Diligence of Tax Related Information in respect of Non-Resident Financial Accounts were jointly promulgated by the State Administration of Taxation, Ministry of Finance, People...
Chen Yun (Robert), Wang Rong 金杜律师事务所 2020-12-27 1 571
Latest Judicial Guidance on Labor Disputes in Zhejiang Province
Latest Judicial Guidance on Labor Disputes in Zhejiang Province
Answers to Questions on Trial of Labor Disputes (IV) was released by the Zhejiang High People’s Court and the Labor Disputes Arbitration Commission of Zhejiang Province on 30 December 2016. These clarify some common questions about judicial practice ...
Xu Xiaodan 金杜律师事务所 2020-12-27 1 639
Strong Basis for Regulatory Enforcement
Strong Basis for Regulatory Enforcement
On May 2, 2017, the Cyberspace Administration of China successively published on its official website the Measures for Security Review of Network Products and Services (Tentative) (the “Review Measures”), the Provisions on the Administration of Inter...
Susan Ning, Wu Han, Chen Shengnan, Li Huihui 金杜律师事务所 2020-12-27 1 583