China’s Strict IT Compliance Competes with RCEP

The world’s largest free trade agreement, the Regional Comprehensive Economic Partnership (RCEP), has been in effect since Jan. 1, 2022. It allows companies in participating countries to engage in cross-border partnerships, tariff reductions and trade simplification. Over the next 20 years, up to 90% of tariffs incurred in the zone are expected to be eliminated.… Continue reading China’s Strict IT Compliance Competes with RCEP

National Standard Provides Insight into Future Data Requirements

The requirements of the internationally widely discussed Data Security Law (DSL, effective since Sep 1, 2021) are a challenge for many companies operating in China. To establish a hierarchical protection system for data classification, China’s National Information Security Standardization Technical Committee has issued the National Standard – Guide for Important Data Identification (Draft, hereinafter referred… Continue reading National Standard Provides Insight into Future Data Requirements

Legal Requirements for Vulnerability Management

For some time now, CIOs around the world have been busy fixing the Log4j2 vulnerability. From a technical perspective, there are solutions such as patches and system upgrades. However, vulnerability management is not just a technical issue in China; there are also legal requirements that companies must meet.  For example, service providers are required by… Continue reading Legal Requirements for Vulnerability Management

Measures of the Cyber Security Review

China continues to strengthen its control of operators of large Internet platforms. In addition to the regulation on the use of algorithms to influence user behavior, such as recommendation algorithms, which will come into force on March 1, 2022, the Cybersecurity Review Measures will come into force on February 15, 2022. In addition to operators… Continue reading Measures of the Cyber Security Review

China’s New Algorithm Regulations Challenge Tech Companies

China’s efforts to strictly regulate the tech sector continue to move forward. On 1 March 2022, new regulations will come into force governing the use of algorithms by companies. Abusive and manipulative use of algorithms, such as price manipulation, should thus be made much more difficult and personal user data protected. The central subject matter… Continue reading China’s New Algorithm Regulations Challenge Tech Companies

Intentional and Punitive Damages in IPR Infringement

Punitive damages are applicable in all areas of IPR infringement and have been steadily improving in PRC legislation in recent years. It is also part of the latest Five-Year Plan through the government’s stated goal of establishing a comprehensive IPR infringement compensation system. The Judicial Interpretation of Punitive Damages for Intellectual Property Rights to Punish… Continue reading Intentional and Punitive Damages in IPR Infringement

Cyber Security and Data Protection: What’s in Store for 2022?

The year 2021 was – not only, but also – a turbulent year in the areas of cyber security and data protection in China. In addition to increased enforcement of the Multi-Level Protection Scheme (MLPS) in China, the implementation of which has been legally binding for companies in China since 2017 (see our webinars), many… Continue reading Cyber Security and Data Protection: What’s in Store for 2022?

IP Protection in the Chinese Metaverse

The topic of IP in the metaverse (metaverse) is gaining importance in China. The drivers are the Chinese technology groups, above all Baidu, Tencent, Alibaba, ByteDance and NetEase, which are currently racing against each other with massive metaverse trademark applications. Tencent alone has filed around 100 applications. Baidu, for example, has applied for the term Metaapp as a trademark, Alibaba for the trademark Ali Metaverse, and NetEase for the NetEase Metaverse. NetEase Group’s trademark applications… Continue reading IP Protection in the Chinese Metaverse

China’s Transformation of Society: Luxury Brands Are at Risk

China’s new policy of transforming society toward greater common good is leading Western suppliers of luxury brands to think strategically. Could it be that foreign luxury brands will be considered too individualistic, capitalistic and decadent by the political leadership in the future and therefore controlled or even thwarted? The government’s crackdown on celebrity culture and… Continue reading China’s Transformation of Society: Luxury Brands Are at Risk

Important Data: More Duties for Processing

China is fleshing out its data protection rules. The Network Data Security Management Regulation (Draft for Comments), published in November 2021, provides more detailed guidance regarding the obligations of processors of important data. Data is divided into general data, important data, and national core data. Important data refers to data that may jeopardize national security… Continue reading Important Data: More Duties for Processing