Earlier this year, China released the final version of the national standard on personal information protection, GB/T 35273-2017 Information Technology – Personal Information Security Specification (信息安全技术 个人信息安全规范) (the “Specification”). The Specification will take effect on May 1, 2018. The Specification is not a law or regulation that requires mandatory compliance. However, it likely will be
According to the Hong Kong Free Press (and a number of other newspapers) The Shanghai government this week “ordered the closure of one of the city’s top maternity hospitals saying it was illegally built on land owned by the armed forces, according to an official notice.” According to the article, the hospital, Shanghai International Women’s
The Trump Administration is claiming China’s government forces American companies to relinquish its IP to China. Having worked on hundreds of China transactions that involve IP, I view things rather differently. I have never been involved in a China transaction where it has been clear that the Chinese government has forced our client to relinquish
China does not like direct marketing and its direct marketing laws are so restrictive the direct marketing industry has little in common with direct marketing in the United States or even Europe. The other day, one of my law firm’s international corporate lawyers received an email from a potential client with a link to a
Indemnification is “to make compensation for incurred hurt, loss, or damage” and our clients often request indemnity to protect against a product that injures people or infringes on some third party’s intellectual property right. Seeking such indemnification makes complete sense because the last thing you want when you buy a product from overseas is to
Multi-level companies want to go into China. But as the following portion from a memorandum from one of our China compliance lawyers shows, multi-level marketing in any form is prohibited in China per the Regulations for the Prohibition of Pyramid Selling (2005). Article 7 of the Pyramid Selling regulations prohibits the following: Payment to promoters
Most Americans do not understand court corruption. Otherwise they would not so frequently say there is no point in bringing a lawsuit in such and such a court because it’s corrupt. Corruption influences (sometimes greatly) court cases, but neither as often nor as much as widely believed. When dealing with court corruption, one has to
Because labor remuneration is an often-litigated issue in China, employers should be careful when reducing employee salaries and they should take that action only when prepared to defend it before an arbitrator or a judge. As with China-based employee terminations, the best way to proceed and avoid employment disputes will usually via a mutual agreement
China’s new Cybersecurity Law will become effective on June 1, 2017. In addition to focusing on cybersecurity, the law also details how companies are to handle personal information and data. In determining what is allowed and not allowed for handling personal information in China, it is important to examine The Decision on Strengthening Information Protection on Networks (2012), The Guidelines
It is common for China employers to deliver an offer letter to a potential expat employee stating the employer’s intent to enter into an employment relationship with that employee. An offer letter is typically a 1-2 page document and it usually proposes the employee’s work title, responsibilities and duties, work location, wages, employee benefits, and
