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

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

Unfair Competition With WeChat Data Rights

In China, the first decision on unfair competition with data rights on internet platforms has recently been published. The background: Tencent, the king of social media, owns the data and limited data rights of the 900 million daily users of the app WeChat. It is known that Tencent shares a large part of this data… Continue reading Unfair Competition With WeChat Data Rights

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

China vs. India: Conflicts in the Digital World

The differences between the two Asian superpowers China and India are now also being played out in the digital world. The most recent conflict is about data protection and security concerns – specifically mobile apps made in China. According to the Indian government, the Chinese video app TikTok and 59 smartphone apps developed mainly in… Continue reading China vs. India: Conflicts in the Digital World

Better Protection through Copyright Law

Copyright is becoming more and more important in China. The number of registrations has been increasing by 20 to 30% for years, the number of software copyrights has even increased by 36% in 2019. This reflects not only the growth in new technologies in areas such as cloud computing, AI or IoT, but also the… Continue reading Better Protection through Copyright Law

The Great Era of Innovation: China Invests in New Infrastructure

In order to boost the economy after Covid-19 and be able to grow again in the short term, China is relying on massive investments in innovative infrastructure projects. In the great era of innovation, the focus is on 7 areas: the construction of 5G base stations, ultra-high voltage, high-speed trains and light rail, charging stations… Continue reading The Great Era of Innovation: China Invests in New Infrastructure

Protection of Trade Secrets: The long Arm of the USA

As trade secrets are becoming more and more important for many companies, the question of how companies can enforce their rights against a foreign company is gaining in importance. The laws and regulations for the protection of trade secrets vary widely in different countries. There is no common standard for common law countries or civil… Continue reading Protection of Trade Secrets: The long Arm of the USA

Huawei debate: Risks can be managed

The British business magazine The Economist brings a new perspective to the hitherto little differentiated debate on the cyber security risk Huawei: the handling of risks, a central category of risk management. The West fears that Huawei’s equipment could have back doors and that these security holes would allow the Chinese to carry out cyber… Continue reading Huawei debate: Risks can be managed