AnJie Law Firm updates

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.

NISSTC seeks comments on personal information security impact assessments
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 10 July 2018

The National Information Security Standardisation Technical Committee recently released the Information Security Technology – Guide to the Personal Information Security Impact Assessment (Draft for Comment). The guide provides direction on the personal information specification and stipulates the basic concepts, framework, methods and procedures regarding personal information security impact assessments.

Digital China Construction and Development Report released
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 03 July 2018

The State Internet Information Office recently released the Digital China Construction and Development Report (2017), laying a foundation for further enhancing China's network security protection capabilities. The report urges China to, among other things, establish a 'correct' view of cybersecurity, strengthen the top-level design of its network security and improve its network security laws and regulations.

Cyber and information standardisation committee issues GDPR guidelines
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 26 June 2018

The EU General Data Protection Regulation (GDPR) recently came into force, with impact on a global scale. On the same day, the secretariat of the National Information Security Standardisation Technical Committee published the Network Security Practice Guidelines: EU GDPR Key Issues, setting out some key areas of the GDPR which Chinese companies should account for in their practices.

MIIT issues guidelines on commercialisation of mobile communications resale services
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 13 June 2018

The Ministry of Industry and Information Technology (MIIT) recently issued its Notice on the Formal Commercialisation of Mobile Communications Resale Services, under which private enterprises, state-owned enterprises and foreign-invested enterprises may apply to undertake mobile communications resale services. Applicants must apply to the MIIT or their regional communications administration for the corresponding telecoms business licence and submit contracts signed by the major telecoms companies.

PBC further enhances its management of security measures for credit information
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 05 June 2018

The People's Bank of China (PBC) recently released its Circular on Further Intensifying the Management of Credit Information Security. According to the circular, the PBC will intensify its management of credit information security by, among other things, practically raising awareness around the management of such information and strengthening information subjects' responsibilities in this regard. It will also optimise operational and control procedures for credit-related businesses.

MIIT continues campaign to clear and regulate internet access service market
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 29 May 2018

The Ministry of Industry and Information Technology (MIIT) recently released its Notice to Further Clear and Regulate the Internet Access Service Market. According to the notice, the campaign to clear and regulate the internet access service market has been extended to March 31 2019 in order to solidify the accomplishments achieved and investigate the issues found thus far pursuant to the notice of the same name issued by the MIIT in January 2017.

Shifting alliances under Chinese merger control regime
AnJie Law Firm
  • Competition & Antitrust
  • China
  • 17 May 2018

The Ministry of Commerce recently promulgated the Measures for the Review of Concentrations of Business Operators (revised draft) for consultation. However, the revised draft still lacks provisions on the shifting alliances concept. The relevant Anti-monopoly Law enforcement agencies should consider this concept in future, as acknowledging it at the legislative level will finally place China's antitrust system among those of the world's most advanced anti-monopoly jurisdictions.

New measures introduced to regulate scientific data sharing and management
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 15 May 2018

The General Office of the State Council recently issued the Measures for the Management of Scientific Data, which aim to improve and standardise the management of scientific data, safeguard scientific data security and encourage transparency and the sharing of scientific data. This is the first time that China has released measures which regulate scientific data at the national level. However, compared with some European countries and the United States, China still has far to go in this regard.

Anti-monopoly Law enforcement against collective boycotts
AnJie Law Firm
  • Competition & Antitrust
  • China
  • 10 May 2018

The Anti-monopoly Law enforcement agencies are increasingly investigating and finding fault with collective boycotts among competitors. As the presumption of illegality for collective boycotts requires a high level of compliance, businesses should be aware that although an independent decision not to deal with distributors or suppliers may not raise Anti-monopoly Law concerns, an agreement with competitors not to do so could raise such concerns.

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