Latest updates

MIIT exposes second and third batches of apps infringing users' rights and interests
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 16 October 2020

The Ministry of Industry and Information Technology (MIIT) recently instructed third-party testing agencies to examine certain mobile apps and issued the Second and Third Batches of Apps that Infringe Upon Users' Rights and Interests, requiring operators of said apps to make rectifications. Numerous apps did not complete their rectifications before the designated timelines. As a result, the MIIT may impose fines.

MIIT to crack down on SDK plug-ins' unlawful collection and use of personal data
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 02 October 2020

China Central Television's 3.15 programme recently exposed that third-party software development kit plug-ins for mobile phones were collecting and using users' personal information. In response, the Ministry of Industry and Information Technology immediately asked the relevant entities to investigate the enterprises involved in accordance with the law.

Shenzhen proposes local data protection regulations to protect data rights
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 25 September 2020

The Justice Bureau of Shenzhen Municipality recently issued the Data Regulations of Shenzhen Special Economic Zone for public opinion. The draft regulations define the concept of 'data rights' for the first time and set out the ownership of personal and public data. According to the draft regulations, no organisation or individual may infringe on natural persons' data rights in accordance with the law.

State Council to formulate CII security protection regulations
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 18 September 2020

The General Office of the State Council recently issued the 2020 Legislative Plan, which includes several laws applicable to the cybersecurity sector, such as the Regulations on Network Protection of Minors and the Regulations on the Security Protection of Critical Information Infrastructure.

WFOE shopping: how do Beijing, Shanghai and Shenzhen compare for establishing an insurance WFOE in China?
AnJie Law Firm
  • Insurance
  • China
  • 15 September 2020

Foreign insurers cannot directly sell insurance products in China unless they have successfully established a joint venture or wholly foreign-owned enterprise (WFOE) insurer in mainland China. In light of Shenzhen's recent pilots and reforms, it is now the most favourable destination for foreign insurers seeking to establish a WFOE in mainland China.

Anhui Province proposes regulations to boost development and application of Big Data
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 11 September 2020

The Anhui Province government recently issued the Regulations on the Development and Application of Big Data in Anhui Province for public opinion. The draft regulations encourage enterprises, universities, scientific research institutions and other organisations and individuals to engage in the research and development of Big Data technology and give full play to the economic value and social benefits of data resources.

SAMR publishes leniency guidelines
AnJie Law Firm
  • Competition & Antitrust
  • China
  • 10 September 2020

The Anti-monopoly Bureau of the State Administration for Market Regulation recently published the Guidelines on Leniency for Horizontal Monopoly Agreements. The guidelines propose a relatively reliable leniency system under the Anti-monopoly Law, which is of great significance for improving the effectiveness of antitrust enforcement, while providing a valuable source of guidance for Chinese market players to follow.

Implications of antitrust guidelines for automobile sector on regulation of vertical restraints
AnJie Law Firm
  • Competition & Antitrust
  • China
  • 03 September 2020

China's antitrust agency's greatest competition concerns in the automobile sector relate to vertical restraints. Possibly underscoring this concern, the newly published Antitrust Guidelines on the Automobile Industry placed its main focus on clarifying issues arising therefrom. To help companies in the automobile industry better make their own assessments on antitrust compliance in China, this article explains the antitrust rules relating to vertical restraints provided in the guidelines and analyses their implications.

Hainan free trade port: gradual removal of restrictions on foreign investment in telecoms industry
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 28 August 2020

The Central Committee of the Communist Party of China and the State Council have jointly issued the Master Plan for the Construction of the Hainan Free Trade Port. According to the plan, the aim is for the port to be completed and operational as a globally influential duty-free trading centre by 2050. Among other things, the port is expected to open up value-added telecoms services and gradually remove restrictions on the percentage of enterprises' shareholdings which can be held by foreign investors.

New Civil Code highlights privacy and personal information protection
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 21 August 2020

In May 2020 the National People's Congress passed the Civil Code, which will take effect on 1 January 2021. The Civil Code includes special provisions on the protection of privacy and personal information and provides that personal information pertaining to natural persons should be protected as a fundamental civil right. The processing of personal information should adhere to the principles of lawfulness, legitimacy and necessity, and excessive and unreasonable processing is prohibited.

Personal data protection under newly issued Civil Code
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 14 August 2020

While the new Civil Code largely restates the existing Chinese laws on privacy and personal information protection, it applies these laws more broadly and makes it easier for individuals to take civil action in relation to breaches. As such, privacy and personal information protection laws are likely to be enforced more often and more broadly in China from 2021 onwards. Companies that process personal information in China should ensure that their existing privacy practices comply with the new Civil Code.

China, GATS, Trump: do non-US insurers get a piece of the US-China trade deal?
AnJie Law Firm
  • Insurance
  • China
  • 11 August 2020

Despite the tortuous path ahead for the US election campaigns and the trials and tribulations of 2020, the US-China Phase One Trade Deal remains in place. As China begins to further open its financial market, foreign insurance institutions (FIIs) may be wondering whether non-US FIIs have any chance of benefiting from China's treatment of US insurers. If only US insurers benefit, would that be a Global Agreement on Trade in Services (GATS) violation or would it be GATS compliant?

App governance panel issues special governance report on illegal collection of personal information
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 07 August 2020

The App Special Governance Panel recently issued the 2019 Special Governance Report on Apps for Illegal Collection and Use of Personal Information, summarising governance efforts from January 2019. According to the report, illegal collection and use activities by apps will be cracked down on and enterprises' capacity to protect personal information will be greatly improved. Further, knowledge of personal information protection by apps should be extensively available.

Mobile financial apps must be filed with National Internet Finance Association of China
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 31 July 2020

According to the Notice of the People's Bank of China on Issuing Financial Industry Standards on Strengthening the Security Management of Mobile Financial Client Application Software, the National Internet Finance Association of China has organised a real-name filing for mobile financial apps. There are 73 apps in the first batch to be filed with the association.

Why business interruption insurance covers only losses resulting from damage to property
AnJie Law Firm
  • Insurance
  • China
  • 28 July 2020

The rapid spread of the COVID-19 pandemic has affected business operations worldwide. For many companies, business interruption (BI) as a result of the pandemic is one of the greatest operational risks of 2020. Although many companies are insured against BI, their coverage may not extend as far as they believe. For example, compensation under a BI policy is often based on the condition that damage to property has occurred. This article sheds some light on this rule.

MIIT finds that 16 app operators infringed users' rights and interests
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 24 July 2020

The Ministry of Industry and Information Technology (MIIT) recently established third-party testing institutions to monitor mobile apps and ordered app operators found to have infringed users' rights and interests to rectify this problem. The MIIT subsequently found that 16 app operators had failed to meet the rectification requirements and ordered them to comply with its request.

Hybrid antitrust law – interaction between administrative enforcement and private action
AnJie Law Firm
  • Competition & Antitrust
  • China
  • 23 July 2020

Alongside increased administrative action, Chinese companies increasingly bring private antitrust actions against rival companies, particularly in the technology sphere. These suits are often accompanied by an administrative complaint that can lead to investigations and penalties. This article clarifies China's hybrid antitrust system in order to better understand the antitrust risks facing foreign enterprises in China.

Network Security Department achieves preliminary results in campaign against illegal apps
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 17 July 2020

In the first quarter of 2020, the Network Security Department of the national public security organs reportedly developed its functions, strengthened the protection of citizens' personal information and investigated and dealt with 386 illegal apps for collecting citizens' personal information in accordance with the law. This article provides a brief summary of the department's activities.

Cyberspace Administration of China launches 2020 clean up the Internet campaign
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 10 July 2020

To further regulate the dissemination of information online and protect the public interest, the Cyberspace Administration of China (CAC) recently launched a nationwide clean up the Internet campaign lasting for eight months from May 2020. According to the CAC, the campaign comprehensively covers various online communication channels and platforms and aims to remove illegal and harmful information from the Internet.

SAMR and NISSTC require Grade 2 cybersecurity protection or higher for targets of classified protection
AnJie Law Firm
  • Tech, Data, Telecoms & Media
  • China
  • 03 July 2020

The State Administration for Market Regulation and the National Information Security Standardisation Technical Committee recently released the Information Security Technology Classification Guide for the Classified Protection of Cybersecurity to provide methods and procedures for the classification and protection of information systems and other protection targets which do not involve state secrets (collectively known as 'targets of classified protection').