AnJie Law Firm updates

PBoC proposes new rules to regulate collection and processing of personal financial information
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 08 November 2019

The People's Bank of China recently issued the Trial Measures for the Protection of Personal Financial Information/Data (Preliminary Draft) to relevant commercial banks in order to solicit their opinions. It has been reported that under the trial measures, banks and other financial institutions will be unable to obtain personal financial information from third parties that are illegally engaged in personal credit investigation activities.

Can transactions 'by steps' circumvent merger control rules?
AnJie Law Firm
  • Competition & Antitrust
  • China
  • 07 November 2019

A violation of the notification or standstill obligation is commonly called 'gun jumping' and can have significant legal consequences. This article examines Canon's acquisition of Toshiba Medical and the legal consequences of gun jumping in China, as well as the risks of implementing a transaction 'by steps' to circumvent the standstill rules. Recent strengthened enforcement measures are also briefly examined.

Guiding Opinions on Promoting the Development of the Network Security Industry published for public comment
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 01 November 2019

The Ministry of Industry and Information Technology recently published the Guiding Opinions on Promoting the Development of the Network Security Industry for public comment. According to the opinions, the ministry aims to have a number of cybersecurity enterprises generating an annual revenue of over Rmb2 billion by 2025. As such, the opinions provide a list of recommendations to that end.

Educational apps must be officially registered by end of 2019
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 25 October 2019

The Ministry of Education and seven other authorities recently published the Opinions on Guiding and Regulating the Orderly and Healthy Development of Educational Apps. The aim is that all educational mobile apps will be registered by the end of 2019. To this end, providers of such apps must file details of their apps with provincial education administrations and adhere to data protection rules.

Regulations on Network Eco-governance issued for public comment
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 18 October 2019

The Cyberspace Administration of China recently published the draft Regulations on Network Eco-governance for public consultation. The regulations apply to the actions of network information content producers, network information content service platforms and network information content service users, which are prohibited from producing illegal or harmful information.

Email addresses and location information likely to fall within scope of 'personal information'
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 11 October 2019

The draft Civil Code was recently submitted to the Standing Committee of the 13th National People's Congress for a third reading. Compared with the first and second drafts, the third draft expands the scope of the definition of 'personal information' to cover email addresses and location information.

Final rules on protection of children's personal information issued
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 04 October 2019

The final version of the Provisions on the Cyber Protection of Personal Information of Children recently came into effect. According to the provisions, network operators must formulate separate rules and user agreements to protect children's personal information and designate a dedicated person to oversee the protection of such information.

New Guiding Opinions on Strengthening Industrial Internet Safety
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 27 September 2019

The Ministry of Industry and Information Technology and nine other authorities recently published the Guiding Opinions on Strengthening Industrial Internet Safety in the context of establishing China's industrial internet security guarantee system. According to the opinions, the industrial internet security guarantee system should be established by the end of 2020 and be a sound and reliable mechanism by 2025.

Why doesn't safe harbour rule apply to non-IP monopoly agreements?
AnJie Law Firm
  • Competition & Antitrust
  • China
  • 29 August 2019

The State Administration for Market Supervision recently promulgated the Interim Provisions for Prohibiting Monopoly Agreements. Although the draft provisions introduced a safe harbour clause for non-IP-related monopoly agreements, this has been removed from the final version. As debate continues as to whether to introduce a safe harbour clause to Chinese legislation, this article examines the history of the safe harbour rule and the potential reasons why it would not apply to all monopoly agreements.

Cyberspace administration passes review on precondition for purchase contracts for network products and services
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 02 August 2019

The Cyberspace Administration of China recently released the Cybersecurity Review Measures (Draft for Comment). According to the draft, where an operator of critical information infrastructure purchases a network product or service, it must make an ex ante assessment of the potential security risks that could emerge once the product or service is put into operation and produce a security report accordingly.

CAC issues data security rules
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 26 July 2019

The Cyberspace Administration of China recently issued the Administrative Measures for Data Security (Draft for Comment), which include rules on the collection, storage, transfer, processing and use of data in China via websites, as well as data protection and management. Among other things, the draft measures encourage network operators that collect personal information through websites, apps and other products to formulate specific rules regarding the collection and use of such information.

Cyberspace Administration of China issues rules on protection of children's personal information
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 19 July 2019

The Cyberspace Administration of China recently held a public consultation on the Provisions on the Cyber Protection of Personal Information of Children (Draft for Comment). The draft provisions set out a number of recommendations for network operators, including formulating special rules to protect children's personal information and user agreements and employing a personal information protection specialist or designating personnel to oversee the protection of children's personal information.

Have foreign-invested insurer licences been made available to foreign investors?
AnJie Law Firm
  • Insurance
  • China
  • 16 July 2019

For foreign investors with an eye on the Chinese insurance market, obtaining an insurance intermediary licence is a good idea. However, compared with insurance brokerage licences, insurance agency licences are difficult for foreign investors to obtain. Therefore, foreign investors that wish to acquire control over a Chinese insurer should consider either setting up a new foreign-invested insurer or acquiring an existing foreign-invested insurer.

Cyberspace administration releases new rules on security assessment of cross-border transfers of personal information
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 12 July 2019

The Cyberspace Administration of China recently released the Measures on Security Assessment of Cross-Border Transfer of Personal Information (Draft for Comment). According to the draft, network operators must apply to the provincial-level cyberspace administration for a security assessment before conducting cross-border transfers. Further, network operators must record all cross-border transfers and retain the records for at least five years.

Essential provisions in Chinese reinsurance contracts
AnJie Law Firm
  • Insurance
  • China
  • 09 July 2019

During the past five years, the Chinese courts and arbitration institutions have handled major disputes relating to reinsurance contracts. These cases prompted legislation in the reinsurance sector and drew attention to the need for more careful wording in reinsurance contracts. This article provides an overview of several essential provisions in reinsurance contracts under Chinese law.

Unreliable Entity List embraces abuse of dominance under Anti-monopoly Law
AnJie Law Firm
  • Competition & Antitrust
  • China
  • 04 July 2019

The Ministry of Commerce of China recently announced the establishment of an Unreliable Entity List (UEL) targeting foreign entities and individuals that (among other things) fail to comply with the principles of the market economy or threaten China's national security. It is anticipated that the UEL will rely heavily on the Anti-monopoly Law, especially in relation to foreign entities with a noticeable market presence in China.

Who is China's new insurance regulator?
AnJie Law Firm
  • Insurance
  • China
  • 18 June 2019

The China Banking and Insurance Regulatory Commission was recently formally unveiled in Beijing, marking the official launch of the new regulatory authority. This merger of the former China Banking Regulatory Commission and China Insurance Regulatory Commission is the biggest reform of China's financial regulatory system in more than 15 years and marks the start of the 'one committee, one bank, two commissions' regulation framework.

Insurance brokerage market further opened up to foreign investors
AnJie Law Firm
  • Insurance
  • China
  • 11 June 2019

The China Banking and Insurance Regulatory Commission plans to abolish two of the requirements that foreign insurance brokerage companies must meet in order to conduct business in China (ie, 30 years of business operation history and $200 million worth of total assets). If this reform takes place, domestic and foreign investors are expected to have equal status when entering the Chinese insurance brokerage market.

Police authorities issue guidelines on protection of personal information
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 31 May 2019

The Security Protection Bureau of the Ministry of Public Security, the Beijing Cyber Industry Association and Research Institute Number 3 of the Ministry of Public Security recently issued the Guidelines for the Protection of Personal Information Security on the Internet, which set out a series of measures and processes for the protection of personal information. Although the guidelines appear to be non-binding, they are likely to be treated as a statute-like norm.

Chemical giant Eastman slapped with fine for abuse of market dominance
AnJie Law Firm
  • Competition & Antitrust
  • China
  • 30 May 2019

The Shanghai Market Regulation Bureau (SMRB) recently issued a penalty decision addressed to Eastman (China) Investment Management Co, Ltd, a Chinese subsidiary of US Chemical firm Eastman Chemical Company. Since this is the first antitrust enforcement decision to be issued by the SMRB since its establishment, it has drawn significant attention from commentators who have attempted to identify the bureau's enforcement approach.

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