Data Compliance Can Prevent Penalties

Due to the three laws in the field of data – the Cyber Security Law, the Data Security Law and the Personal Information Protection Law – companies in China must set up a complete system to comply with data protection and security regulations. A good data compliance system can avoid warnings from administrative authorities during… Continue reading Data Compliance Can Prevent Penalties

First Corporate Data Compliance Guideline in China

On January 30, 2022, Shanghai issued the first official Corporate Data Compliance Guideline. The 38-article document guides companies to strengthen their data management in terms of data compliance, identification, assessment and elimination of data risks. The guideline emphasizes that a company’s management is responsible for data compliance and recommends that a dedicated data compliance management… Continue reading First Corporate Data Compliance Guideline in China

Civil Code and Data Protection

The new Chinese Civil Code has been passed by the 13. National People‚Äôs 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

Counterfeiting in China: Platform Operators Must Demonstrate Measures

When fighting counterfeiting against online shops, it is often difficult for brand owners in China to identify the manufacturer of the counterfeits and to prosecute him legally. Therefore, the platform operator should also be sued in the lawsuit if he violates legal obligations.  According to the Chinese E-commerce Law, the owner of intellectual property right… Continue reading Counterfeiting in China: Platform Operators Must Demonstrate Measures