AnJie Law Firm updates
What's new in revised draft of Anti-monopoly Law?
AnJie Law Firm- Competition & Antitrust
- China
- 20 February 2020
The State Administration for Market Regulation recently released a revised draft of the Anti-monopoly Law (AML) for public comment. In general, the revised draft follows the current AML's basic framework; however, it significantly enhances the legal liability of AML violators. This article highlights key changes proposed by the revised draft and discusses why these changes matter for business entities from a practical point of view.
Beijing Communications Administration examines app network and data security
AnJie Law Firm- Tech, Data, Telecoms & Media
- China
- 31 January 2020
The Beijing Communications Administration recently organised a two-month examination of the network and data security of apps to target the illegal, compulsory and excessive collection of user information. The examination selected 50 apps with a certain influence and number of users, covering social media, online rental and automotive services, online education, finance, online medical care, basic telecoms enterprises and six other areas.
Publication of cybersecurity threat information subject to government approval
AnJie Law Firm- Tech, Data, Telecoms & Media
- China
- 24 January 2020
The Cyberspace Administration of China recently published the Administration Measures for Releasing Cybersecurity Threat Information (Draft for Comments) to solicit public opinions. According to the draft measures, the publication of cybersecurity threat information must be reported to regulators in a number of specific circumstances.
Antitrust in China – 2019 in review
AnJie Law Firm- Competition & Antitrust
- China
- 23 January 2020
China's antitrust enforcement agencies were reorganised in 2018. As such, new legislation and enforcement actions in 2019 attracted significant attention from practitioners and in-house counsel, with a view to gaining an insight into the new agency's enforcement trends and priorities (if any). This article underlines the most significant developments in legislation, public enforcement and private litigation in 2019.
Product innovation: litigation property preservation liability insurance
AnJie Law Firm- Insurance
- China
- 21 January 2020
In terms of premium revenue, China is the second largest insurance market in the world. However, regulators and insurers are often frustrated due to a lack of insurance innovation. In response to such frustration, litigation property preservation liability insurance has emerged and become a typical insurance solution to satisfy market demand and address unique Chinese insurance requirements in order to align them with the country's judicial system.
Educational apps must be filed with education administrative departments
AnJie Law Firm- Tech, Data, Telecoms & Media
- China
- 10 January 2020
The Ministry of Education recently published the Administrative Measures for the Filing of Educational Apps. The administrative measures require providers of educational apps and institutional users of educational apps to go through filing procedures and indicate that the ministry is tightening controls on educational apps in China.
Applicability of right of subrogation in Chinese reinsurance context
AnJie Law Firm- Insurance
- China
- 07 January 2020
Insurance subrogation is an important legal mechanism which enables insurers to reduce their losses after insurance indemnities are paid. However, opinions differ as to the application of reinsurers' right of subrogation. This article answers questions which frequently arise in this regard from a Chinese perspective.
China strengthens regulation of online audiovisual services
AnJie Law Firm- Tech, Data, Telecoms & Media
- China
- 03 January 2020
The Administrative Provisions on Online Audiovisual Information Services, which were jointly issued by the Cyberspace Administration of China and two other departments in November 2019, recently came into effect. The provisions set out requirements for the creation, distribution and transmission of audio videos based on new technologies and applications such as deep learning and virtual reality.
Shanghai Cyberspace Administration releases 2019 Network Security Incident Contingency Plan
AnJie Law Firm- Tech, Data, Telecoms & Media
- China
- 20 December 2019
The Shanghai Cyberspace Administration recently released the 2019 Network Security Incident Contingency Plan. According to the contingency plan, network security incidents in Shanghai are classified as Grade I, Grade II, Grade III and Grade IV. If a network security incident occurs, the relevant entity must report it to the competent authority verbally within half an hour and in writing within one hour.
New cryptography law comes into force
AnJie Law Firm- Tech, Data, Telecoms & Media
- China
- 13 December 2019
The Standing Committee of the National People's Congress recently approved the Cryptography Law. Under the law, cryptography is divided into core cryptography, ordinary cryptography and commercial cryptography. If a commercial cryptography product concerns state security, the national economy, people's livelihoods or social public interests, it will be included in the catalogue of critical network equipment and dedicated cybersecurity products under the law.
Draft rules on collection of personal data by apps revised
AnJie Law Firm- Tech, Data, Telecoms & Media
- China
- 06 December 2019
The App Governance Panel recently published a new draft of the Information Security Technology – Basic Specification for Collecting Personal Information in Mobile Internet Applications. Among other things, the new draft sets out requirements for apps that contain third-party codes or plug-ins which can collect personal data and revises the list of 'necessary' personal data for a variety of apps.
Revised Personal Information Security Specification released for public consultation
AnJie Law Firm- Tech, Data, Telecoms & Media
- China
- 29 November 2019
The App Governance Panel recently released a revised version of the Personal Information Security Specification for public consultation following the previous draft versions published in June and January 2019. The revised draft includes amendments regarding unsubscribing from online services and the obligations of data controllers and processors in that regard.
Supreme Court decision on non-arbitrability of antitrust civil disputes
AnJie Law Firm- Competition & Antitrust
- China
- 28 November 2019
The topic of whether antitrust civil disputes are arbitrable has been hotly debated in China in recent years. There are few case law precedents in this regard and local courts have taken different positions regarding this issue. That said, the Supreme People's Court made its stance clear in a recent decision which found that an arbitration clause could not exclude the jurisdiction of Chinese courts in antitrust civil disputes.
PBoC proposes new rules to regulate collection and processing of personal financial information
AnJie Law Firm- Tech, Data, Telecoms & Media
- 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.
Can transactions 'by steps' circumvent merger control rules?
AnJie Law Firm- Competition & Antitrust
- China
- 07 November 2019
A violation of the notification or standstill obligation is commonly called 'gun jumping' and can have significant legal consequences. This article examines Canon's acquisition of Toshiba Medical and the legal consequences of gun jumping in China, as well as the risks of implementing a transaction 'by steps' to circumvent the standstill rules. Recent strengthened enforcement measures are also briefly examined.
Guiding Opinions on Promoting the Development of the Network Security Industry published for public comment
AnJie Law Firm- Tech, Data, Telecoms & Media
- 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
AnJie Law Firm- Tech, Data, Telecoms & Media
- 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
AnJie Law Firm- Tech, Data, Telecoms & Media
- 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'
AnJie Law Firm- Tech, Data, Telecoms & Media
- 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
AnJie Law Firm- Tech, Data, Telecoms & Media
- 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.
