On November 18, 2022, the Supreme People’s Court of the People’s Republic of China (the “SPC”) published an announcement soliciting public comments on the draft of Provisions of the Supreme People’s Court of the People’s Republic of
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The Draft of New Judicial Interpretation on PRC Antitrust Law Part I: Changes to Procedural Matters
On November 18, 2022, the Supreme People’s Court of the People’s Republic of China (the “SPC”) published an announcement soliciting public comments on the draft of Provisions of the Supreme People’s Court of the People’s Republic of…
AnJie Broad Antitrust Practice in 2022: Year in Review
Overview: TPA’s Boundary of Insurance Activities in China
I. Introduction
When referring to insurance, the first term that comes up with one’s mind is likely to be insurers, which are mostly known to operate insurance businesses. Nowadays, with the growth of the insurance industry, other entities also emerge…
Overview: Recognizing and Enforcing Foreign Arbitral Awards in China
I. Introduction
With international trade flows boosting, international commercial arbitration is becoming increasingly accepted among parties as an efficient means of resolving international economic and trade disputes, due to its confidentiality, flexibility, speed and enforceability. In the event of non-compliance with…
Prosecutorial Civil Public Interest Litigation of Antitrust Case Under the New China’s Anti-Monopoly Law
Preface
The revised Anti-Monopoly Law of the People’s Republic of China (“New AML”) entered into force on August 1, 2022. The New AML introduces in the second paragraph of Article 60 that “where the monopolistic conduct of an undertaking…
Outbound Data Transfer: Chinese Government Security Assessments
On the 7 July 2022, the Cyberspace Administration of China (“CAC“) promulgated the Measures for the Security Assessment of Outbound Data Transfers (“Measures“), which are due to take effect on 1 September 2022.
The Measures contain 20…
Will China’s New Certification Rules Be a Popular Legal Path for Outbound Data Transfers?
Background
On 1 November 2021, the Personal Information Protection Law of the People’s Republic of China (“PIPL”) took effect and became the first Chinese law dedicated to protecting the personal information rights of individuals. However, due to a lack of implementation regulations and clarity, many companies face a…
China Releases Draft Standard Contract for Cross-border Data Transfers
On 30 June 2022, the Cyberspace Administration of China (“State Internet Information Department” or “CAC“) issued the Draft Provisions on Standard Contracts for the Export of Personal Information (“Draft Provisions“) for public consultation.…
China Issues Cross-border Data Transfer Security Assessment Rules
On 7 July 2022, the Cyberspace Administration of China (“CAC“) issued the Measures for the Security Assessment of Outbound Data Transfers (“Measures“), which will take effect on 1 September 2022. The Measures underwent three rounds of public consultation in 2017, 2019 and 2021 before they were finalised.
In its final form, the Measures contain 20 articles. We have identified 11 topics within the Measures that…