Violation of data protection: RMB 50 million fine

On September 6, 2023, after a 14-month review, the Cyberspace Administration of China (CAC) announced that the private platform China National Knowledge Infrastructure (CNKI) was fined RMB 50 million for the unlawful processing of personal data. CNKI is one of the leading academic platforms, digital learning platforms and knowledge bases in China, and its main operators… Continue reading Violation of data protection: RMB 50 million fine

Evidence in Case of Trade Secrets Infringement

To successfully prove a trade secret infringement in court, viable evidence is required. The plaintiff can prove various forms of infringement: The acquisition of a trade secret through illegal means such as theft, bribery, or fraud; the defendant’s disclosure, use, or permission to use the acquired trade secret; the breach of confidentiality obligations; or the… Continue reading Evidence in Case of Trade Secrets Infringement

Verification of the processing personal information

On August 3, Cyberspace Administration of China (CAC) issued draft administrative guidelines for privacy-compliant reviews of personal information and related reference points for public expression. The goal of the documents is to provide regulatory oversight of data privacy compliance. However, data processors are also expected to self-regulate and increase their awareness of the need to… Continue reading Verification of the processing personal information

Compensation for Trade Secret Infringement

The Beijing Intellectual Property Court has published a guide for the protection of trade secrets. This also deals with the possibilities of claiming damages in the event of trade secret infringements. However, protecting trade secrets in court requires a clear statement of the infringement and the resulting damages. Companies should ensure that they have all… Continue reading Compensation for Trade Secret Infringement

China discloses algorithms

Deep synthesis service providers that have an influence on public opinion or social mobilization capabilities must register and implement procedures to modify and cancel registration. This also applies to technical supporters of deep synthesis services. Deep synthesis technology refers to the use of deep learning, virtual reality and other synthesis algorithms to create text, images,… Continue reading China discloses algorithms

Standard contract for data export

On May 30, 2023, the Cyberspace Administration of China (CAC) published a guide for the registration of the Standard Contract for Personal Data Export, which explains the process, materials and results of the registration of the Standard Contract for Personal Data Export and provides some template for the registration of materials. The Standard Contract Measures… Continue reading Standard contract for data export

The importance of the UPC for Chinese companies

The Unified European Patent Court (UPC) is a new international court established by the contracting EU member states. It creates an effective forum through the Unitary Patent System to enable the enforcement and challenge of patents in Europe. The court eliminates the need for litigation in different countries and increases legal certainty through harmonized jurisdiction.… Continue reading The importance of the UPC for Chinese companies

China regulates generative AI

In April 2023, China published a discussion draft of the “Regulations for the Administration of Generative Artificial Intelligence Services.” The aim of the document is to ensure content security, compliant operation, and protection of user rights when using generative AI. The regulations emphasize the legality and ethical obligations of generative AI services. During the content… Continue reading China regulates generative AI

What is the point of scenarios?

Not much. Because scenarios are always ideal types – simplistic, very general and, above all, static images of the future. But the future depends on many factors that are constantly changing and have feedback effects. Numerous actors interact constantly, feedbacks change their positions. In the supposed China/Russia bloc, for example, India, Turkey, Indonesia and Saudi… Continue reading What is the point of scenarios?

Innovation Leader China

A study by the Australian Strategic Policy Institute (ASPI) has revealed that China is already better than the U.S. and the EU in 37 out of 44 key innovation areas – the country has an answer to almost every technical challenge in the world. The study is based on a new technology tracker that compares… Continue reading Innovation Leader China