The China Law Blog focuses on the practical aspects of Chinese law and how it impacts foreign companies that do business in or with China. The goal is to help readers understand what works and what does not work and what businesspeople can do to use the law to their advantage. China Law Blog's aim is to assist businesses already in China or planning to go into China, not to break new ground in legal theory or policy.
On March 6th, the Standardization Administration of China (SAC) joined with the State Administration for Market Regulation (SAMR) to issue GB/T 35273-2020 《信息安全技术 个人信息安全规范》 , or “Information Security Technology – Personal Information Security Specification,” which will come into effect on October 1, 2020. This 2020 Specification will replace GB/T 35273-2017, which has been in effect
In The Chinese Government is Accessing YOUR Network Through the Backdoor and There Still is NO Place to Hide, I explained how Chinese banks are requiring their account holders to install malware which allows the Chinese government to see All account holder data -- financial or otherwise. We received the usual set of comments we get
The Chinese government and its state controlled banks have worked hard over the last decade to "digitize" financial reporting and procedures. These days, a business operating in China virtually never needs to visit a Chinese government agency office or a bank. Transactions and reporting are done online. For normal daily operations, this means all of
It has been eight years since my graduation from law school and business school. I started law school in the Fall of 2008 before the world fell apart . . . the last time. The reverberations of the financial crisis that started roiling the world in 2008 continued into 2012 when I graduated and started
Last fall, in U.S. Supreme Court to Rule on Important International Arbitration Issue, I wrote about an important international arbitration matter pending before the United States Supreme Court on whether foreign companies doing business in the United States can arbitrate a dispute with an American company. The specific issue was: Whether the New York Convention
As a business lawyer who specializes in international transactions, I spend about half of my time working on legal strategy with my clients. I describe legal strategy as figuring out what the right way is to get from A to B, and those are often separated by international borders, vast oceans, and language and cultural
Foreign companies doing business in China fairly often ask our China employment lawyers whether they can legally hire someone who has passed the legal retirement age. The short answer is that doing so is legal, but somewhat complicated. Consider this hypothetical. Employer employs Employee (male) for several years. Employee turns 60, the statutory retirement age,
Contents of this Article: How the new Foreign Investment Law will change intellectual property rights for foreign companies in China Overview of foreign direct investment (FDI) protections for intellectual property rights (IPR) in mainland China FDI Reform: the New National Statute Will Overhaul Current FDI Protections for IPR The FIL Overhaul Will Maintain and Build
We Americans do not like foreign governments or their agents meddling in our domestic affairs, whether it is China, Russia, Iran, Syria, or some less reprehensible regime. We do not even like friendly foreign governments meddling in our affairs. I am not talking about traditional CIA/007 spies or agents who operate in the shadows, mainly
This isn’t the first time I’ve written on the China Law Blog about the California Consumer Privacy Act (or “CCPA”), California’s massive new privacy law that many compare to EU’s General Data Protection Regulation (or “GDPR”), but it’s certainly becoming more important now as CCPA takes effect in about six weeks. If you weren’t taking CCPA seriously
