Latest updates

Cyberspace Administration of China issues regulations for financial information service providers
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 18 January 2019

The Cyberspace Administration of China recently issued the Administrative Regulations on the Provision of Financial Information Services. Under the regulations, parties must obtain the corresponding permits before they can provide various financial information services. Further, service providers must establish service specifications regarding information content auditing, data retention, information security and personal information and IP protection.

NHC issues guidelines on Big Data security for healthcare industry
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 04 January 2019

The National Health Commission recently released the Circular regarding Issuing National Health Medical Big Data Standards, Safety and Service Management Measures (For Trial Implementation). The circular provides guidelines regarding the standards and security of Big Data in the healthcare industry, as well as service management measures. As the circular is considered to mark the Cybersecurity Law's implementation in the healthcare industry, most of its security measures are derived from the law.

Apple ID constitutes personal information which may affect personal and property safety
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 21 December 2018

In one of the Guangdong province's top 10 internet cases of 2017, the court found that Apple IDs constitute personal information which may affect other parties' personal and property safety. As such, the two defendants concerned were convicted of infringing citizens' personal data rights after more than 1,200 pieces of personal information were found on their computers. This decision is believed to have had a demonstrable effect on the handling of similar cases.

Ministry of Public Security publishes rules on supervision and inspection of internet security
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 14 December 2018

The Ministry of Public Security recently released the Provisions on the Supervision and Inspection of Internet Security by Public Security Organs. According to the provisions, public security organs must supervise and inspect internet service providers and network entity users that provide a range of internet-related services. They also list certain powers that public security organs may use when supervising and inspecting internet security on-site.

Pilot work commences on critical information infrastructure security examination assessment guidelines
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 07 December 2018

The National Information Security Standardisation Technical Committee recently held a meeting to commence the pilot work on the Information Security Technology – Guidelines for Critical Information Infrastructure (CII) Security Examination Assessment (For Approval). The pilot work will focus on the reasonability and practicability of the guidelines. Twelve CII operators from the telecoms, internet, transportation, energy, finance, e-government and public services industries have been selected as pilot units.

Internet watchdog issues first measures to regulate blockchain services
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 30 November 2018

Blockchain technology is becoming increasingly prominent in Chinese judicial proceedings. However, the government's growing concerns about certain aspects of blockchain have triggered a number of regulatory responses. For example, the Cyberspace Administration of China recently released draft provisions, which are intended to govern all entities that provide blockchain-based information services in China and are the first step towards regulating this technology at the government level.

SAMR revamps procedural penalty rules
AnJie Law Firm
  • Competition & Antitrust
  • China
  • 29 November 2018

The newly established State Administration for Market Regulation recently embarked on its first major overhaul of procedural rules by publishing the draft Interim Provisions on Administrative Penalty Procedures in Market Regulation and the related interim measures for public comment. Unsurprisingly, market observers and practitioners promptly examined the draft documents in an attempt to deduce any changes to the intended-to-be-repealed State Administration for Industry and Commerce rules.

Blockchain evidence accepted in judicial proceedings for first time
AnJie Law Firm
  • Litigation
  • China
  • 27 November 2018

The Hangzhou Internet Court recently confirmed, for the first time, the effectiveness of evidence recorded via blockchain. Shortly after, the Supreme People's Court cemented the lower court's view by implementing the Provisions on the Trial of Cases by the Internet Courts. This is the first time that blockchain technology has been officially accepted in a judicial interpretation as a valid technical means for preserving and presenting evidence.

Blockchain evidence accepted in judicial proceedings for first time
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 23 November 2018

The Hangzhou Internet Court recently confirmed, for the first time, the effectiveness of evidence recorded via blockchain. Shortly after, the Supreme People's Court cemented the lower court's view by implementing the Provisions on the Trial of Cases by the Internet Courts. This is the first time that blockchain technology has been officially accepted in a judicial interpretation as a valid technical means for preserving and presenting evidence.

SHCA criticises telecoms and internet companies for failing to improve network security
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 16 November 2018

The Shanghai Communications Administration (SHCA) recently criticised four telecoms and internet companies for failing to improve their network security monitoring and forecasting systems and report important matters to the SHCA. The SHCA ordered the companies to rectify these failings and emphasised that telecoms and internet companies have a number of obligations in order to ensure the security and stability of Shanghai's public networks.

Court examines refusal to deal in private antitrust litigation against Tencent
AnJie Law Firm
  • Litigation
  • China
  • 23 October 2018

The Shenzhen Intermediate People's Court recently issued its judgment in the private antitrust litigation brought by domestic software company Shenzhen Micro Source Code Software Development Co Ltd (SMSCSD) against tech giant Tencent. SMSCSD had alleged that Tencent possessed a dominant position in the China mainland market for mobile instant messaging and social platform services and had abused this dominance by blocking its WeChat Official Accounts and engaging in discriminatory practices.

Court examines refusal to deal in private antitrust litigation against Tencent
AnJie Law Firm
  • Competition & Antitrust
  • China
  • 18 October 2018

The Shenzhen Intermediate People's Court recently issued its judgment in the private antitrust litigation brought by domestic software company Shenzhen Micro Source Code Software Development Co Ltd (SMSCSD) against tech giant Tencent. SMSCSD had alleged that Tencent possessed a dominant position in the China mainland market for mobile instant messaging and social platform services and had abused this dominance by blocking its WeChat Official Accounts and engaging in discriminatory practices.

SEP licensing in China's IoT industry
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 09 October 2018

China's ambitious agenda in the Internet of Things (IoT) industry encourages companies to develop and adopt their own technological standards. This standardisation is necessary to integrate the varying equipment, software and service applications of a digital IoT ecosystem into multiple technologies across the value chain. Despite the expectation of free licensing schemes for service level technology, such integration necessarily draws on a multitude of patents, including standard-essential patents.

The global influence of Chinese merger control
AnJie Law Firm
  • Competition & Antitrust
  • China
  • 04 October 2018

China's rise to prominence as an antitrust regime of major importance for companies engaging in global M&A activity has granted it considerable leverage to influence the landscape of the industries in which its domestic companies participate. However, recent events have raised the prospects for greater activism by the national regulators in determining whether a merger or acquisition should go ahead and, if so, on what conditions.

Shift towards digital insurance and its regulation
AnJie Law Firm
  • Insurance
  • China
  • 02 October 2018

Ping An Insurance (Group), a relative newcomer to the insurance industry, now ranks among the world's largest and most valuable insurers. Notably, its use of technology to embrace new business models that supplement its core insurance offerings is indicative of a wider global trend of providing customers with digital, added-value services. However, in China, this evolution towards added-value ecosystem-related services and the potential advantages on offer is marked by a different set of market considerations.

MIIT to carry out 2018 network security inspection
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 04 September 2018

The Ministry of Industry and Information Technology recently released its Notification on the Network Security Inspection of the Telecom and Internet Industry in 2018. According to the notification, the inspection will cover the networks and systems established and operated by, among other players, internet enterprises and domain name registration administration and service organisations licensed by telecoms regulators.

SAMR adopts stricter view on identification of competitors in monopoly agreement case
AnJie Law Firm
  • Competition & Antitrust
  • China
  • 30 August 2018

The State Administration for Market Regulation recently fined two Shenzhen tally companies a total of Rmb3,163,108 for entering into a horizontal monopoly agreement. This is one of the first cases to be announced by the newly established antitrust law enforcement agency and may therefore indicate its attitude towards certain industries and behaviours. In particular, the way in which the competitors in this case were identified could raise new compliance challenges for companies doing business in China.

SAMR finalises long-awaited reform of its antitrust agency
AnJie Law Firm
  • Competition & Antitrust
  • China
  • 16 August 2018

The finalised three-pronged plan for consolidating China's antitrust agencies under the State Administration for Market Regulation was recently released. This initiative has been anticipated and speculated on since the central government's release of its structural reform plan in March 2018. According to the government's plan, the three-pronged plan should have been released in June 2018, but this was substantially delayed due to differences of opinion regarding the reform.

Government launches nationwide security inspection and correction campaign for Big Data applications
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 07 August 2018

The Ministry of Public Security recently launched a nationwide security inspection and correction campaign regarding Big Data applications in China. This campaign is one of a series of network security inspection projects which target key information systems, critical information infrastructure and Big Data. The Big Data campaign focuses on the level of supervision, security and protection afforded in the collection, storage, application, transfer and destruction of such data.

Rise of private health insurance: challenges and opportunities
AnJie Law Firm
  • Insurance
  • China
  • 17 July 2018

Despite a range of stakeholders having vested interests in developing the private health insurance market, it has remained underdeveloped and is generally considered by Chinese insurers to be unprofitable compared with life insurance lines. Insurers have also found it hard to stimulate uptake by a consumer base that is relatively unfamiliar with the added value of such products. As such, the Chinese health insurance market is not as mature, innovative or profitable as it could be.