The Export Control Law Requires Export Compliance

China’s new export control law is more comprehensive than many companies doing business in China believe. It targets not only the cross-border transfer of controlled items, but also the act of a Chinese subject providing controlled items to a foreign subject within or outside its territory. The controlled items include not only goods, technology and… Continue reading The Export Control Law Requires Export Compliance

China Wants to Open its Cloud Services Market to EU Companies

China’s opening to European investment, the Investment Agreement between China and the EU promises, includes market access in many sectors – including cloud services and other online services. China has agreed to open its cloud services sector to EU investment up to a 50% cap. The entry into force of the CAI may thus create… Continue reading China Wants to Open its Cloud Services Market to EU Companies

China’s New Biosecurity Law Affects European Companies

China’s Biosecurity Law, which comes into force on 15 April 2021, is the new framework for the nearly one hundred laws, regulations and rules already in place in this area. It contains regulations on a wide range of topics – including the prevention and control of epidemic diseases, the establishment of a risk monitoring and… Continue reading China’s New Biosecurity Law Affects European Companies

The Long Arm of the Law: New Draft Law on the Protection of Personal Data

China continues to improve data protection with the Personal Information Protection Law (PIPL). The law, along with the Cyber Security Law and the Data Security Law (still in draft form), will further strengthen personal data protection and have a profound impact on companies inside and outside China.  Foreign companies need to pay particular attention to… Continue reading The Long Arm of the Law: New Draft Law on the Protection of Personal Data

Expansion of Design Protection

An amendment to China’s Patent Law, which comes into effect on June 1, 2021, will provide more protection for designs in the future. Registered designs (design patents) are intended to protect the aesthetic and commercial value of a product, but were previously only valid for ten years. This meant that valuable designs could be legally… Continue reading Expansion of Design Protection

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