AnJie Law Firm updates
A new era – 2018 Anti-monopoly Law enforcement highlights
AnJie Law Firm- Competition & Antitrust
- China
- 07 February 2019
China reached a number of Anti-monopoly Law enforcement and development milestones in 2018. For example, the newly established State Administration for Market Regulation completed the consolidation of the country's former government antitrust agencies and amended a number of Anti-monopoly Law regulations. Although this institutional reform took a significant amount of time, public enforcement remained active. In addition, there were a number of private antitrust enforcement developments.
MIIT notifies inspected telecom enterprises to rectify loopholes and vulnerabilities
AnJie Law Firm- Tech, Data, Telecoms & Media
- 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
AnJie Law Firm- Tech, Data, Telecoms & Media
- 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
AnJie Law Firm- Tech, Data, Telecoms & Media
- 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
AnJie Law Firm- Tech, Data, Telecoms & Media
- 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
AnJie Law Firm- Tech, Data, Telecoms & Media
- 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
AnJie Law Firm- Tech, Data, Telecoms & Media
- 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
AnJie Law Firm- Tech, Data, Telecoms & Media
- 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.
Internet watchdog issues first measures to regulate blockchain services
AnJie Law Firm- Tech, Data, Telecoms & Media
- China
- 30 November 2018
Blockchain technology is becoming increasingly prominent in Chinese judicial proceedings. However, the government's growing concerns about certain aspects of blockchain have triggered a number of regulatory responses. For example, the Cyberspace Administration of China recently released draft provisions, which are intended to govern all entities that provide blockchain-based information services in China and are the first step towards regulating this technology at the government level.
SAMR revamps procedural penalty rules
AnJie Law Firm- Competition & Antitrust
- China
- 29 November 2018
The newly established State Administration for Market Regulation recently embarked on its first major overhaul of procedural rules by publishing the draft Interim Provisions on Administrative Penalty Procedures in Market Regulation and the related interim measures for public comment. Unsurprisingly, market observers and practitioners promptly examined the draft documents in an attempt to deduce any changes to the intended-to-be-repealed State Administration for Industry and Commerce rules.
Blockchain evidence accepted in judicial proceedings for first time
AnJie Law Firm- Litigation
- China
- 27 November 2018
The Hangzhou Internet Court recently confirmed, for the first time, the effectiveness of evidence recorded via blockchain. Shortly after, the Supreme People's Court cemented the lower court's view by implementing the Provisions on the Trial of Cases by the Internet Courts. This is the first time that blockchain technology has been officially accepted in a judicial interpretation as a valid technical means for preserving and presenting evidence.
Blockchain evidence accepted in judicial proceedings for first time
AnJie Law Firm- Tech, Data, Telecoms & Media
- China
- 23 November 2018
The Hangzhou Internet Court recently confirmed, for the first time, the effectiveness of evidence recorded via blockchain. Shortly after, the Supreme People's Court cemented the lower court's view by implementing the Provisions on the Trial of Cases by the Internet Courts. This is the first time that blockchain technology has been officially accepted in a judicial interpretation as a valid technical means for preserving and presenting evidence.
SHCA criticises telecoms and internet companies for failing to improve network security
AnJie Law Firm- Tech, Data, Telecoms & Media
- 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.
Court examines refusal to deal in private antitrust litigation against Tencent
AnJie Law Firm- Litigation
- China
- 23 October 2018
The Shenzhen Intermediate People's Court recently issued its judgment in the private antitrust litigation brought by domestic software company Shenzhen Micro Source Code Software Development Co Ltd (SMSCSD) against tech giant Tencent. SMSCSD had alleged that Tencent possessed a dominant position in the China mainland market for mobile instant messaging and social platform services and had abused this dominance by blocking its WeChat Official Accounts and engaging in discriminatory practices.
Court examines refusal to deal in private antitrust litigation against Tencent
AnJie Law Firm- Competition & Antitrust
- China
- 18 October 2018
The Shenzhen Intermediate People's Court recently issued its judgment in the private antitrust litigation brought by domestic software company Shenzhen Micro Source Code Software Development Co Ltd (SMSCSD) against tech giant Tencent. SMSCSD had alleged that Tencent possessed a dominant position in the China mainland market for mobile instant messaging and social platform services and had abused this dominance by blocking its WeChat Official Accounts and engaging in discriminatory practices.
SEP licensing in China's IoT industry
AnJie Law Firm- Tech, Data, Telecoms & Media
- China
- 09 October 2018
China's ambitious agenda in the Internet of Things (IoT) industry encourages companies to develop and adopt their own technological standards. This standardisation is necessary to integrate the varying equipment, software and service applications of a digital IoT ecosystem into multiple technologies across the value chain. Despite the expectation of free licensing schemes for service level technology, such integration necessarily draws on a multitude of patents, including standard-essential patents.
The global influence of Chinese merger control
AnJie Law Firm- Competition & Antitrust
- China
- 04 October 2018
China's rise to prominence as an antitrust regime of major importance for companies engaging in global M&A activity has granted it considerable leverage to influence the landscape of the industries in which its domestic companies participate. However, recent events have raised the prospects for greater activism by the national regulators in determining whether a merger or acquisition should go ahead and, if so, on what conditions.
Shift towards digital insurance and its regulation
AnJie Law Firm- Insurance
- China
- 02 October 2018
Ping An Insurance (Group), a relative newcomer to the insurance industry, now ranks among the world's largest and most valuable insurers. Notably, its use of technology to embrace new business models that supplement its core insurance offerings is indicative of a wider global trend of providing customers with digital, added-value services. However, in China, this evolution towards added-value ecosystem-related services and the potential advantages on offer is marked by a different set of market considerations.
MIIT to carry out 2018 network security inspection
AnJie Law Firm- Tech, Data, Telecoms & Media
- 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.
SAMR adopts stricter view on identification of competitors in monopoly agreement case
AnJie Law Firm- Competition & Antitrust
- China
- 30 August 2018
The State Administration for Market Regulation recently fined two Shenzhen tally companies a total of Rmb3,163,108 for entering into a horizontal monopoly agreement. This is one of the first cases to be announced by the newly established antitrust law enforcement agency and may therefore indicate its attitude towards certain industries and behaviours. In particular, the way in which the competitors in this case were identified could raise new compliance challenges for companies doing business in China.
