Multi-Level Protection Scheme: China is Forcing Companies to Protect Their Data

With the new Multi-Level Protection Scheme 2.0 (MLPS), the regulatory pressure on companies operating in China continues to increase. The regulatory system for data and cyber security forces all companies to ensure, according to the specifications of a multi-level protection scheme, that their network is free of interference, damage or unauthorized access and that no… Continue reading Multi-Level Protection Scheme: China is Forcing Companies to Protect Their Data

Antimonopoly Directive Restrict Intellectual Property

The Anti-Monopoly Bureau of China’s State Administration for Market Regulation (SAMR) has published the Anti-Monopoly Guidelines on Intellectual Property Rights (“IPR Guidelines”). This long-awaited Directive aims to prohibit the use of intellectual property rights if they eliminate or restrict competition. The Guidelines also provide clearer rules and guidance on monopoly of intellectual property rights. Chinese… Continue reading Antimonopoly Directive Restrict Intellectual Property

List of Unreliable Companies: Who Is Affected?

China is countering the USA. In September 2020, the Chinese Ministry of Commerce (MOFCOM) issued the first provisions for a list of unreliable companies, organizations and individuals that could have far-reaching implications for China’s foreign trade.  In future, foreign institutions and individuals whose activities endanger China’s national sovereignty, security or development interests are to be… Continue reading List of Unreliable Companies: Who Is Affected?

Civil Code and Data Protection

The new Chinese Civil Code has been passed by the 13. National People’s Congress on May 28, 2020. It will come into effect on January 1, 2021 and amalgamates and elaborates several pre-existing laws. This laws, including but not limited to the Contract Law, the Rights in Rem Law, the Tort Liability Law and the… Continue reading Civil Code and Data Protection

Credit China: Objection Against Incorrect Social Credit Information Possible

In July 2020, Credit China, one of the main websites of the notorious Chinese Social Credit System, finally introduced an online system to apply for removal of wrong information displayed on the website and for rectification of information about administrative penalties. The information displayed on Credit China is collected from several relevant administrative authorities, combined… Continue reading Credit China: Objection Against Incorrect Social Credit Information Possible

China’s National Security Law: Restrictions on Data and Technology

The National Security Law (NSL), which came into force in June 2020, has implications for Hong Kong-based businesses in terms of technology and data. For example, Internet service providers must now grant the authorities access to user data and review their cross-border data flows. Technology companies must restructure their business activities if Western export bans… Continue reading China’s National Security Law: Restrictions on Data and Technology

China’s New Data Protection Law Requires More Compliance

The National People’s Congress presented the draft for the new Data Security Law (DSL) in July 2020. In contrast to the Cyber Security Law (CSL), which has been in force since 2017, the Data Security Law will regulate all data activities within the country. The scope of the new DSL law is thus exceptionally broad:… Continue reading China’s New Data Protection Law Requires More Compliance

The Wirecard Case Promotes the Compliance also in China

The Wirecard affair is also making waves in China. The now insolvent company was to be the first German payment service provider to enter the Chinese market. In addition to the Chinese company Allscore Payment Services, which was taken over in November 2019, Wirecard also cooperated with Chinese giants such as Alipay, WeChat Pay and… Continue reading The Wirecard Case Promotes the Compliance also in China

Know-How Protection in Pharmaceutical Companies

Four years have passed since the first proposal of the strategic plan Made in China 2025 (MiC 2025). Although China is toning down the public media coverage and official statements regarding the MiC 2025, the plan is still running. Its goals focus on high-tech areas, including the pharmaceutical industry. The MiC 2025 plan sets ambitious… Continue reading Know-How Protection in Pharmaceutical Companies

E-Car Start Up XPeng: New Trade Secrets Theft Accusations

Last year FBI started criminal prosecutions against a former Apple employee who stole the secret technology for self-driving cars. Now, Tesla is suing out of same reasons a former employee of their Autopilot team. What is the connection between the two defendants? Mr. Zhang and Mr. Cao are not only countrymen but were also switching… Continue reading E-Car Start Up XPeng: New Trade Secrets Theft Accusations