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.
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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
Key Changes to China’s Merger Control Regime in the New Era
After 14 years of enforcement of China’s Anti-Monopoly Law (the “AML”) since 2008, the Standing Committee of the National People’s Congress of China has amended the AML after a two-year review with several rounds of deliberations and issued a new
CROSS-BORDER DATA TRANSFERS: A COMPARISON OF THE EU AND CHINESE STANDARD CONTRACTUAL CLAUSES.
Background
On 30 June 2022, the Cyberspace Administration of China (“CAC“) issued the Draft Provisions on Standard Contracts for the Export of Personal Information (“Draft Provisions“) for public consultation. The Draft Provisions open a lawful path
The Dust Settles: AML Amendment Finalised
Nearly fourteen years after its current Anti-Monopoly Law (“AML”) came into effect, China spares no efforts in strengthening antitrust enforcement and tightening relevant rules and regulations. Following the unprecedented Alibaba fines and a series of sector guidelines, that effort culminated
Wrestling Chimeras — What are Director & Officer Liability Insurance Policies Like in China?
What is Director and Officer Liability Insurance?
Directors and officers (“D&Os”) assume liability for many of their company activities, especially when their company is publicly listed. In many cases D&Os face significant legal exposure based simply on their signature, role
Global Legal Insights Publishes “Cartels 2022”, featuring contributions from Partners Zhan Hao and Song Ying
AnJie Partners Zhan Hao and Song Ying were once again invited to pen the China chapter for Global Legal Insights: Cartels 2022 (“Cartels 2022”), which has been published recently. Cartels 2022, published by the Global Legal Group (“GLI”), aims at
Exit Mechanism for Foreign Investor by Dissolution of FIEs
Foreign investor seeking to exit from its foreign invested enterprises (including joint venture companies and wholly foreign owned companies) (“FIE”) in China may consider transferring all its shares in the FIE to others, requesting the FIE to return
China Set to Revise Its Company Law
In December of 2021, the Standing Committee of the National People’s Congress of China published the Draft Revision to the Company Law of China (the “Draft Revision”).
The Draft Revision has made significant changes to the current Company
Why Settlement Agreements in Patent Litigation were Deemed as Monopoly Agreements? — — Analysis of the Judgement and Criteria for Determining Monopoly Agreement by the Supreme People’s Court
Key Issues:
- What are the criteria for determining a horizontal monopoly agreement?
- Will a settlement agreement reached by the parties to settle a patent dispute constitute a monopoly agreement?
- Should the motive, purpose and context of the contracting parties be