Mr Samuel Yang

Samuel Yang

Lawyer biography

Samuel is a partner of AnJie Law Firm. He has rich experience in the areas of Technology, Media and Telecommunications (TMT). He has worked as in-house counsel and external lawyer in these areas for more than 15 years. He advises clients on a wide range of regulatory, commercial and corporate matters, such as telecommunications, cybersecurity, data protection, e-commerce, social networking, online games, hardware and software, technology procurements and transfers, distribution and licensing, and other technology-related matters. He also advises clients on compliance, dispute resolution and employment.

Before he joined AnJie, Sam worked for British Telecom, CMS Cameron McKenna and DLA Piper.


Updates

Tech, Data, Telecoms & Media

PBoC proposes new rules to regulate collection and processing of personal financial information
China | 08 November 2019

The People's Bank of China recently issued the Trial Measures for the Protection of Personal Financial Information/Data (Preliminary Draft) to relevant commercial banks in order to solicit their opinions. It has been reported that under the trial measures, banks and other financial institutions will be unable to obtain personal financial information from third parties that are illegally engaged in personal credit investigation activities.

Guiding Opinions on Promoting the Development of the Network Security Industry published for public comment
China | 01 November 2019

The Ministry of Industry and Information Technology recently published the Guiding Opinions on Promoting the Development of the Network Security Industry for public comment. According to the opinions, the ministry aims to have a number of cybersecurity enterprises generating an annual revenue of over Rmb2 billion by 2025. As such, the opinions provide a list of recommendations to that end.

Educational apps must be officially registered by end of 2019
China | 25 October 2019

The Ministry of Education and seven other authorities recently published the Opinions on Guiding and Regulating the Orderly and Healthy Development of Educational Apps. The aim is that all educational mobile apps will be registered by the end of 2019. To this end, providers of such apps must file details of their apps with provincial education administrations and adhere to data protection rules.

Regulations on Network Eco-governance issued for public comment
China | 18 October 2019

The Cyberspace Administration of China recently published the draft Regulations on Network Eco-governance for public consultation. The regulations apply to the actions of network information content producers, network information content service platforms and network information content service users, which are prohibited from producing illegal or harmful information.

Email addresses and location information likely to fall within scope of 'personal information'
China | 11 October 2019

The draft Civil Code was recently submitted to the Standing Committee of the 13th National People's Congress for a third reading. Compared with the first and second drafts, the third draft expands the scope of the definition of 'personal information' to cover email addresses and location information.

Final rules on protection of children's personal information issued
China | 04 October 2019

The final version of the Provisions on the Cyber Protection of Personal Information of Children recently came into effect. According to the provisions, network operators must formulate separate rules and user agreements to protect children's personal information and designate a dedicated person to oversee the protection of such information.

New Guiding Opinions on Strengthening Industrial Internet Safety
China | 27 September 2019

The Ministry of Industry and Information Technology and nine other authorities recently published the Guiding Opinions on Strengthening Industrial Internet Safety in the context of establishing China's industrial internet security guarantee system. According to the opinions, the industrial internet security guarantee system should be established by the end of 2020 and be a sound and reliable mechanism by 2025.

Cyberspace administration passes review on precondition for purchase contracts for network products and services
China | 02 August 2019

The Cyberspace Administration of China recently released the Cybersecurity Review Measures (Draft for Comment). According to the draft, where an operator of critical information infrastructure purchases a network product or service, it must make an ex ante assessment of the potential security risks that could emerge once the product or service is put into operation and produce a security report accordingly.

CAC issues data security rules
China | 26 July 2019

The Cyberspace Administration of China recently issued the Administrative Measures for Data Security (Draft for Comment), which include rules on the collection, storage, transfer, processing and use of data in China via websites, as well as data protection and management. Among other things, the draft measures encourage network operators that collect personal information through websites, apps and other products to formulate specific rules regarding the collection and use of such information.

Cyberspace Administration of China issues rules on protection of children's personal information
China | 19 July 2019

The Cyberspace Administration of China recently held a public consultation on the Provisions on the Cyber Protection of Personal Information of Children (Draft for Comment). The draft provisions set out a number of recommendations for network operators, including formulating special rules to protect children's personal information and user agreements and employing a personal information protection specialist or designating personnel to oversee the protection of children's personal information.

Cyberspace administration releases new rules on security assessment of cross-border transfers of personal information
China | 12 July 2019

The Cyberspace Administration of China recently released the Measures on Security Assessment of Cross-Border Transfer of Personal Information (Draft for Comment). According to the draft, network operators must apply to the provincial-level cyberspace administration for a security assessment before conducting cross-border transfers. Further, network operators must record all cross-border transfers and retain the records for at least five years.

Police authorities issue guidelines on protection of personal information
China | 31 May 2019

The Security Protection Bureau of the Ministry of Public Security, the Beijing Cyber Industry Association and Research Institute Number 3 of the Ministry of Public Security recently issued the Guidelines for the Protection of Personal Information Security on the Internet, which set out a series of measures and processes for the protection of personal information. Although the guidelines appear to be non-binding, they are likely to be treated as a statute-like norm.

MIIT cracks down on intrusive telemarketing and misuse of personal information
China | 24 May 2019

Following the Chinese Central TV Station's (CCTV's) broadcast of the 3.15 programme in 2019, the Ministry of Industry and Information Technology decided to crack down on telephone harassment and strengthen the protection of personal information in the telecoms and internet sectors. The CCTV will broadcast 3.15 on 15 March each year in order to reveal company activities which infringe consumer rights and interests.

SCC continues to assess unlawful collection of personal information by apps
China | 17 May 2019

The Shanghai Consumer Council recently released the results of its assessment of 39 apps, which aimed to evaluate the level of access that they had to users' personal information. The assessment revealed that 25 apps had been over collecting users' personal information and that only 14 apps had actual service-related reasons justifying their collection of sensitive personal information.

New proposal to fine parties which install surveillance in private locations
China | 10 May 2019

The Shenzhen Municipality Justice Bureau recently issued draft regulations on the administration of public security video and image systems for public comment. The draft regulations aim to protect public privacy and strengthen internet information security and information sharing by prohibiting the installation of video and image recording systems in certain locations which concern public privacy. Individuals and entities which fail to comply with the regulations will be subject to fines.

SAMR launches campaign to regulate online advertising
China | 03 May 2019

The State Administration for Market Regulation recently issued a notification which aims to encourage local market regulatory departments to crack down on false and unlawful online advertising and create a positive market environment for online ads. According to the notification, local market regulatory authorities will investigate and severely penalise unlawful online ads which concern, among other things, politically sensitive, vulgar or socially influential issues.

First individual punished for using VPN to evade internet censorship
China | 29 March 2019

A Guangdong province public security bureau recently fined an individual for using virtual private network (VPN) software to evade Chinese internet censorship in accordance with the Interim Provisions of the People's Republic of China governing the International Interconnection of Computer-Based Information Networks. Although the provisions were enacted in 1996, this is reportedly the first time that an individual has been punished for using VPN software to evade internet censorship.

New campaign to stop apps from unlawfully collecting and processing personal data
China | 01 March 2019

The Cyberspace Administration of China, the Ministry of Industry and Information Technology, the Ministry of Public Security and the State Administration for Market Regulation recently announced that they had launched a campaign to stop apps from unlawfully collecting and processing personal data. The announcement sets out the obligations of various parties with regard to the collection and processing of personal data, including app operators, associations, authorities and public security organs.

Amended personal information security specifications released for public comment
China | 22 February 2019

The National Information Security Standardisation Technical Committee recently published the draft Information Security Technology – Personal Information Security Specifications for public comment. Among other amendments, the draft has revised the exceptions regarding authorisation and consent by personal information subjects, introduced rules concerning the merger of personal information and promoted the importance of data protection officers and departments.

MIIT notifies inspected telecom enterprises to rectify loopholes and vulnerabilities
China | 01 February 2019

The Cybersecurity Bureau of the Ministry of Industry and Information Technology recently released its checking results for seven inspected telecom enterprises and required them to rectify the loopholes and vulnerabilities of their networks or systems as notified. The inspected telecom enterprises were found to have had a number of major issues, including medium and high-risk loopholes in their business systems and equipment (including their official websites).

Ministry of Public Security releases Guideline for Internet Personal Information Security Protection
China | 25 January 2019

The Ministry of Public Security recently released the Guideline for Internet Personal Information Security Protection (Draft for Comment) to solicit public opinions. The guideline requires that personal information holders implement a series of security protection measures. Among others, these include a management mechanism, which involves building firewalls to protect enterprises from criminal risks, and technical measures to ensure that network operations are secure for internet inspection purposes.

Cyberspace Administration of China issues regulations for financial information service providers
China | 18 January 2019

The Cyberspace Administration of China recently issued the Administrative Regulations on the Provision of Financial Information Services. Under the regulations, parties must obtain the corresponding permits before they can provide various financial information services. Further, service providers must establish service specifications regarding information content auditing, data retention, information security and personal information and IP protection.

NHC issues guidelines on Big Data security for healthcare industry
China | 04 January 2019

The National Health Commission recently released the Circular regarding Issuing National Health Medical Big Data Standards, Safety and Service Management Measures (For Trial Implementation). The circular provides guidelines regarding the standards and security of Big Data in the healthcare industry, as well as service management measures. As the circular is considered to mark the Cybersecurity Law's implementation in the healthcare industry, most of its security measures are derived from the law.

Apple ID constitutes personal information which may affect personal and property safety
China | 21 December 2018

In one of the Guangdong province's top 10 internet cases of 2017, the court found that Apple IDs constitute personal information which may affect other parties' personal and property safety. As such, the two defendants concerned were convicted of infringing citizens' personal data rights after more than 1,200 pieces of personal information were found on their computers. This decision is believed to have had a demonstrable effect on the handling of similar cases.

Ministry of Public Security publishes rules on supervision and inspection of internet security
China | 14 December 2018

The Ministry of Public Security recently released the Provisions on the Supervision and Inspection of Internet Security by Public Security Organs. According to the provisions, public security organs must supervise and inspect internet service providers and network entity users that provide a range of internet-related services. They also list certain powers that public security organs may use when supervising and inspecting internet security on-site.

Pilot work commences on critical information infrastructure security examination assessment guidelines
China | 07 December 2018

The National Information Security Standardisation Technical Committee recently held a meeting to commence the pilot work on the Information Security Technology – Guidelines for Critical Information Infrastructure (CII) Security Examination Assessment (For Approval). The pilot work will focus on the reasonability and practicability of the guidelines. Twelve CII operators from the telecoms, internet, transportation, energy, finance, e-government and public services industries have been selected as pilot units.

SHCA criticises telecoms and internet companies for failing to improve network security
China | 16 November 2018

The Shanghai Communications Administration (SHCA) recently criticised four telecoms and internet companies for failing to improve their network security monitoring and forecasting systems and report important matters to the SHCA. The SHCA ordered the companies to rectify these failings and emphasised that telecoms and internet companies have a number of obligations in order to ensure the security and stability of Shanghai's public networks.

MIIT to carry out 2018 network security inspection
China | 04 September 2018

The Ministry of Industry and Information Technology recently released its Notification on the Network Security Inspection of the Telecom and Internet Industry in 2018. According to the notification, the inspection will cover the networks and systems established and operated by, among other players, internet enterprises and domain name registration administration and service organisations licensed by telecoms regulators.

Government launches nationwide security inspection and correction campaign for Big Data applications
China | 07 August 2018

The Ministry of Public Security recently launched a nationwide security inspection and correction campaign regarding Big Data applications in China. This campaign is one of a series of network security inspection projects which target key information systems, critical information infrastructure and Big Data. The Big Data campaign focuses on the level of supervision, security and protection afforded in the collection, storage, application, transfer and destruction of such data.

NISSTC seeks comments on personal information security impact assessments
China | 10 July 2018

The National Information Security Standardisation Technical Committee recently released the Information Security Technology – Guide to the Personal Information Security Impact Assessment (Draft for Comment). The guide provides direction on the personal information specification and stipulates the basic concepts, framework, methods and procedures regarding personal information security impact assessments.

Digital China Construction and Development Report released
China | 03 July 2018

The State Internet Information Office recently released the Digital China Construction and Development Report (2017), laying a foundation for further enhancing China's network security protection capabilities. The report urges China to, among other things, establish a 'correct' view of cybersecurity, strengthen the top-level design of its network security and improve its network security laws and regulations.

Cyber and information standardisation committee issues GDPR guidelines
China | 26 June 2018

The EU General Data Protection Regulation (GDPR) recently came into force, with impact on a global scale. On the same day, the secretariat of the National Information Security Standardisation Technical Committee published the Network Security Practice Guidelines: EU GDPR Key Issues, setting out some key areas of the GDPR which Chinese companies should account for in their practices.

MIIT issues guidelines on commercialisation of mobile communications resale services
China | 13 June 2018

The Ministry of Industry and Information Technology (MIIT) recently issued its Notice on the Formal Commercialisation of Mobile Communications Resale Services, under which private enterprises, state-owned enterprises and foreign-invested enterprises may apply to undertake mobile communications resale services. Applicants must apply to the MIIT or their regional communications administration for the corresponding telecoms business licence and submit contracts signed by the major telecoms companies.

PBC further enhances its management of security measures for credit information
China | 05 June 2018

The People's Bank of China (PBC) recently released its Circular on Further Intensifying the Management of Credit Information Security. According to the circular, the PBC will intensify its management of credit information security by, among other things, practically raising awareness around the management of such information and strengthening information subjects' responsibilities in this regard. It will also optimise operational and control procedures for credit-related businesses.

MIIT continues campaign to clear and regulate internet access service market
China | 29 May 2018

The Ministry of Industry and Information Technology (MIIT) recently released its Notice to Further Clear and Regulate the Internet Access Service Market. According to the notice, the campaign to clear and regulate the internet access service market has been extended to March 31 2019 in order to solidify the accomplishments achieved and investigate the issues found thus far pursuant to the notice of the same name issued by the MIIT in January 2017.

New measures introduced to regulate scientific data sharing and management
China | 15 May 2018

The General Office of the State Council recently issued the Measures for the Management of Scientific Data, which aim to improve and standardise the management of scientific data, safeguard scientific data security and encourage transparency and the sharing of scientific data. This is the first time that China has released measures which regulate scientific data at the national level. However, compared with some European countries and the United States, China still has far to go in this regard.