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.
Contents of this Article: I. Cybersecurity with Chinese Characteristics: The Party is the leader of everything. II. China’s Comprehensive Network Security Program III. China’s Regulatory System: The Multi-Level Protection Scheme (MLPS 2.0) IV. Cryptography is not a solution. V. A Concrete Example: The Golden Tax Malware Program VI. How Companies are Pushed into an Insecure
Software as a Service (SaaS) works great when confined to the Internet of a single country or region such as North America or the European Union. The core concept of SaaS is that an open Internet exists on which SaaS can be built and delivered. But what happens when companies attempt to deliver SaaS into
This post focuses on protecting against intellectual property losses arise from what we call leakage — the situation where a company has a contract preventing its foreign counter-party (usually a foreign manufacturer) from using its proprietary information, but fails to prevent that information from leaking to third parties not bound by such a contract. When
This is Part 2 in the series Mitigating China Supply Chain Risk: Should I Stay or Should I Go? by David Alexander* This part gets into the nitty-gritty of what it takes to find new suppliers. We have an American client who has approached us several times over the past 5-7 years with questions or
By Roberto De Vido* The Economist recently noted in a column headline that Forced labour in China presents dilemmas for fashion brands. The writer introduced the Xinjiang Production and Construction Corps (XPCC), which he described as “a nearly 3m-strong paramilitary-style business in western China” founded in 1954 to provide economic incentives for recently demobilized soldiers
The below post is by Renaud Anjoran, CEO of Sofeast, a leading Asia-focused quality assurance, product engineering, and supply chain management solutions company. Our law firm’s international manufacturing lawyers have worked with Renaud on countless Asian sourcing and manufacturing transactions over the last fifteen or so years. Most China commentators have been focusing on the
China employers must have written employment contracts with each of their full-time employees. Not having a written employment contract exposes employers to penalties (payable to their employees), administrative fines and the risk of being deemed to have entered an open-term employment contract with the employees lacking the written contract. Most companies now understand this, but
This is Part 3 in a long-running series by Scott Holbrook and Adam-Paul Smolak on how the United States and the rest of the world can take back much of the manufacturing they sent to China and thereby bring high-level manufacturing jobs to the United States and to allied countries. Go here for Part 1,
By: David Alexander* When I landed in Ho Chi Minh City on March 1, 2016 it was 3AM and I was grateful the pre-arranged driver was there to collect me. I hadn’t planned on it taking four hours to fly from Shanghai. Like many, I assumed anything in SE Asia was just a short commute
The below is a guest post written anonymously by someone who fears both repercussions from the CCP and an onslaught of abuse by “those who do not want to see their own spigot of money from China cut.” We are publishing this because it is important and because nearly all of us who regularly write
