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Compliance on notification threshold for anti-monopoly filing

By Pan Zhicheng and Li Qingqing, Huiye Law Firm
The State Council’s revised Provisions on the Notification Threshold for Concentration of Undertakings for merger and acquisition filings took effect on 26 January 2024, marking the first revision and significant increase in the notification...
Yin Qing joins TianTong Law Firm

TianTong strengthens criminal compliance in Shanghai

Criminal compliance specialist Yin Qing has joined TianTong Law Firm as a partner and head of the anti-fraud practice in Shanghai. Yin, who previously practised at Jin Mao Law Firm and Llinks Law Offices, specialises...
Safety Compliance in Energy Infrastructurevideo

Safety compliance in energy infrastructure development

By Du Jiahong, Starrise Law Firm
After years of development, China has become the world’s largest producer of energy, with a diverse energy supply system both domestically and internationally. Not only has it achieved a cross-regional energy layout within the...
AI compliance recommendationsvideo

Enterprises navigate risk, compliance in era of new AI regulations

By Bai Xiao, Zhong Wen Law Firm
In 2023, generative artificial intelligence (GAI) witnessed a shift from niche to mainstream development. With the amalgamation of data, algorithms and computing power, the disruptive nature of AI technology became increasingly prominent, finding widespread...
Compliance strategy

How consumer, retail companies can capture compliance and profits

By Quan Kaiming and Yuan Wei, AllBright Law Offices
Premier Li Qiang told a State Council executive meeting on 19 May 2023 that to deliver tangible benefits from the push to build a national unified market it was important to enhance ideological unity...
trade secrets

Key points for compliance management of trade secrets

By Li Kexuan, Starrise Law Firm
Trade secrets constitute a vital part of a company’s intangible assets, significantly influencing its production, development and competitive advantage in the market. However, the boundaries of trade secret rights are often unclear, relying solely...
Gaming industry's data compliance challenges

Data compliance in online gaming

By Jeff Yang, Wang Jing & GH Law Firm
China’s Data Security Law and Personal Information Protection Law, two important laws in the field of data compliance, were released one after another in 2021, installing both monitors and safety nets for companies’ data...
DSO criminal compliance obligations

New laws tighten DSOs’ criminal compliance obligations

By Ekin Zeng and Chen Yitao, AllBright Law Offices
The revised Company Law was passed by the Standing Committee of the National People’s Congress (SCNPC) on 29 December 2023, marking the most extensive amendments to the Company Law since 1993. It primarily addresses adjustments...
China’s export control system

China’s export control system and tips for compliance

By Qiu Mengyun and Han Xiaoxi, AllBright Law Offices
The export control system in mainland China is a set of regulations designed to limit the export of specific items to fulfil non-proliferation requirements and other international obligations, maintain national security and protect development...
Secondary fund compliance

Secondary fund compliance and legal concerns

By Ran Lu and Pei Zhihao, Han Kun Law Offices
A secondary fund focuses on the private equity (PE) secondary market and directly or indirectly invests in existing PE investment funds or assets to earn investment returns. Unlike traditional private funds, secondary funds acquire equity...
Procurement compliance risk

Procurement compliance risk and system construction for SMEs

By Liang Muzhou and Lu Zhongrui, ETR Law Firm
On 23 May 2022, the China Association of Small and Medium Enterprises released a group standard for the Evaluation of Effectiveness of Compliance Management Systems for SMEs. The standard is based on the ISO37301:2021...

Ensuring compliance at pharmaceutical academic conferences

By Wei Jie and Han Xiangli, Blossom & Credit Law Firm
In the medical industry, academic conferences are an important platform for sharing research and expertise, keeping up to speed with latest cutting edge developments and promoting advancement in pharmaceutical technology. The state strongly supports and...
Key aspects of securities compliance

Legal risk: a three-step compliance strategy for listed companies

By Wang Weining and Li Kexuan, Starrise Law Firm
Amid the backdrop of ongoing regulatory reforms and an expanding capital market, the signals for stricter oversight continue to grow stronger. In this high-pressure environment, participants in the securities market are facing an increasing...
criminal case about data compliancevideo

Criminal cases give insights about data compliance

By Wang Jun, Starrise Law Firm
In April 2020, the Central Committee and the State Council issued the first central document on “factors of production” – the resources that businesses use to produce goods and services. Called the Opinions on...
bidding compliance procurement SOE

Compliance in bidding for procurement at SOEs

By Xiong Xiaorong, Blossom & Credit Law Firm
Bidding, or tendering, is one of the key areas in compliance management of central enterprises, as has been emphasised since 2018 in both the Measures for the Compliance Management of Central Enterprises and the...
Vera Gao joins Duan & Duan

Data compliance specialist joins Duan & Duan in Shanghai

Duan & Duan Law Firm has hired Vera Gao as a partner and head of the data compliance practice at its Shanghai headquarters. Previously, Gao was a partner and head of the data and...
Lifang has hired Peng Ruoyu

Lifang & Partners adds finance compliance partner

Lifang has hired Peng Ruoyu, formerly a Longan Law Firm partner, to strengthen the financial crime and compliance practice in its Beijing office. A specialist in securities compliance and criminal risk management, Peng has extensive...

Compliance in overseas assignment of Chinese employees

By Shaw Zhao and He Yanling, Jingtian & Gongcheng
China’s headline foreign economic policies such as “going global” and the Belt and Road Initiative (BRI) are encouraging companies and their staff to participate in cross-border co-operation projects in foreign countries or regions. But employers...
Stages of criminal compliancevideo

Interpreting criminal compliance business

By Wang Weining and Fu Xuehang, Starrise Law Firm
Compliance can be viewed on two main dimensions: (1) ensuring that the operational and managerial actions of a company and its personnel adhere to normative requirements including laws, regulations, regulatory guidelines, industry standards and...
Domestic listings' data compliance practices

Data compliance in domestic listings

By Wang Yan and Fu Mengyang, Grandway Law Offices 
With the rapid development of technology, the scale of data processed by enterprises has been growing exponentially. Consequently, data compliance has garnered increasing attention from audit departments during the assessment of domestic listings. This...
Yvonne Huang and Jessica Jin join Boss & Young

Insolvency and compliance specialists join Boss & Young

Yvonne Huang and Jessica Jin have joined the Shanghai office of Boss & Young Attorneys at Law as partners to strengthen its insolvency restructuring and compliance practices. Huang, formerly a partner at Jin Mao Law...
Personal Information Internal Compliance Investigations

Dealing with personal information in internal compliance investigations

By Tracy Liu and Larry Lian , Jingtian & Gongcheng
Internal compliance investigations are now laden with legal pitfalls for companies. Any mishandling of personal employee information risks invoking the increasingly strict regulations and enforcement of the Personal Information Protection Law (PIPL). In particular, it...
develop effective compliance plan

How to develop an effective compliance plan

By Lin Shaoqin and Li Zongtai, AllBright Law Offices 
Developing a compliance plan is the first element of a company’s compliance efforts. When devising such plans, enterprises must take into account their nature, industry affiliation and business focus to tailor specific compliance strategies. Many...
Hylands enhances data compliance

Hylands enhances data compliance, IP businesses in Shanghai

Hylands Law Firm has hired Dong Hao and Zhao Xu as partners to strengthen the data compliance and IP capabilities of its Shanghai office. Dong, who was a partner at FuJae Partners, specialises in data...
Compliance risks advertising citations

Citations in advertising: compliance and legal liability

By Xie Yang, Zhilin Law Firm
Enterprises generally use experimental data, statistics, survey results, quotations or other citations in their advertisements, and it is common to see advertisers punished for improper advertisements. In practice, clients often request relevant legal advice. According...
行政垄断和企业合规风险

Compliance risks of enterprises from administrative monopoly

By Zhan Hao and Zhu Libo, AnJie Broad Law Firm
Administrative monopoly refers to abuse of administrative power to eliminate or restrict competition by administrative authorities and organisations authorised by laws and regulations to administer public affairs.  In recent years, administrative monopoly has become a...
Shihui new partner Zang Yihan

Shihui expands compliance group with new partner Zang Yihan

Zang Yihan has joined the Shanghai branch of Shihui Partners as the seventh partner in the firm’s compliance group. Zang regularly advises on white-collar crimes, anti-bribery and anti-corruption matters under the US, UK, and PRC...
利益冲突合规管理

Compliance management with employment conflicts of interest

By Tracy Liu and Larry Lian, Jingtian & Gongcheng
Numerous cases of disputes arising from conflicts of interest involving employees make it essential for companies to strengthen and improve their compliance management in this area. Conflicting interests in employment mainly refer to conflict between...
Pharma compliance in tax management

Pharma compliance in tax management through data

By Quan Kaiming and Yuan Wei, AllBright Law Offices
The main taxation issues currently facing pharmaceutical enterprises relate to distribution. A lack of changes to the current system of controlling pharmaceutical circulation has perpetuated the established model of benefit distribution. As a result, pharmaceutical...
corporate compliance of listed companies in M&A

Disclosure obligations, compliance of listed companies in M&A

By Liu Huaying and Xu Chen, Grandway Law Offices
Since last year, listed companies involved in large-scale mergers and acquisitions (M&A) have frequently experienced after-effects, which is an issue worthy of vigilance. The M&As are often accompanied by equity adjustments, changes in assets...
Compliance obligations targeting telecoms

Compliance obligations in targeting telecoms, online fraud

By Ekin Zeng and Chen Yitao, AllBright Law Offices
Telecoms and online fraud have soared in recent years. Responding to this grim and complex trend, the Ministry of Public Security has launched various campaigns from 2021 to 2022, cracking down on 394,000 telecoms...
building a corporate compliance system

Tips for building a corporate compliance system

By Zhu Nandi, Blossom & Credit
In recent years, the demand for compliance in businesses has increased significantly, however many enterprises still perceive corporate compliance management as a brand new concept. To establish a comprehensive compliance system, at least three...
customs price inspection and compliance

Handling customs price inspection and compliance

By Jia Xiaoning and Ning Jing, AllBright Law Offices 
Customs price inspections check the authenticity and legality of declarations by enterprises of “elements related to dutiable value” in import and export activities (dutiable elements). Due to numerous dutiable elements, price inspections frequently have...
ESG labour compliance system

How companies should establish an ESG labour compliance system

By Tracy Liu and Larry Lian, Jingtian & Gongcheng
As sustainable development continues to gain prominence as an international strategy and trend, environmental and social governance (ESG) compliance issues are becoming increasingly important for Chinese companies facing an increasing number of challenges. Taking disclosure rules as...
First action against compliance manager for overseas failures

First action against compliance manager for overseas failures

The Hong Kong Securities and Futures Commission’s (SFC) “manager in charge” (MIC) regime, which aims to heighten senior management’s accountability within licensed corporations, came into effect in 2017. In a recent disciplinary action, the...
HR compliance self-inspection

How enterprises should conduct HR compliance self-inspection

By Tracy Liu and Larry Lian, Jingtian & Gongcheng
Thorough compliance self-inspection across all aspects of labour management is an effective way for employers to identify any non-compliance, enabling them to formulate plans of improvement, remedy legal hazards and minimise labour disputes. Based on...
Business operator concentration rules

Misconceptions, compliance for business operator concentrations (Part II)

By Zhan Hao and Zhu Libo, AnJie Broad Law Firm
The first article in this series introduced some common misconceptions and compliance issues for business operator concentrations. As a general reference for enterprises, this second part answers frequently asked questions regarding the issue, specifically...

Analysis of Shanghai’s first data compliance case

By Zhou Kairen and Bao Wei, Llinks Law Offices
A senior executive named Chen and several technicians of Shanghai company Z were investigated by the public security authority for using crawler technology to illegally acquire data from a take-out platform without authorisation between...
business operator concentration issues

Misconceptions, compliance for business operator concentrations

By Zhan Hao and Zhu Libo, AnJie Broad Law Firm
The amended Anti-Monopoly Law (AML), which came into force on 1 August 2022, has drastically increased the penalties for illegal cases of business operator concentrations. With the normalisation of harsh regulation on operator concentration...
中央企业合规管理办法

Tips for compliance management of central SOEs

By Wei Jie, Tiantai Law Firm
On 16 September 2022, the State-owned Assets Supervision and Administration Commission (SASAC) of the State Council formally issued the Measures for Compliance Management of Central State-owned Enterprises, which came into effect on 1 October...
China third largest e-commerce listing

Five compliance advisers assist China’s third largest e-commerce listing

Cross-border e-commerce company Zibuyu in an unusual move engaged five compliance legal advisers on its HKD275 million listing on the HKEX. The clothing and footwear company is the third major e-commerce player in China’s B2C...
Building compliance culture, Du Jin

Building compliance culture

Anti-bribery, anti-fraud and export control are key issues for multinational companies developing their compliance systems. Du Jin, general counsel and assistant president at Shenzhen-listed Hytera Communications, offers some insights INDEPENDENT R&D and compliance management are...
Legal fallout from non-compliance of autonomous vehicle testing

Legal fallout from non-compliance of autonomous vehicle testing

By Guo Xing and Song Jipeng, V&T Law Firm
Vying for a slice of the future market, auto companies are racing to complete autonomous vehicle tests. But if an enterprise were to skip any critical required tests, it stands to lose more than...
Safe harbour rule’s effect on anti-monopoly compliance, Michael Gu

‘Safe harbour’ rule’s effect on anti-monopoly compliance

By Michael Gu, AnJie & Broad Law Firm
After its implementation 14 years ago, the Anti-Monopoly Law (AML) has welcomed its first set of amendments, with the amended Anti-Monopoly Law (the new AML) implemented on 1 August 2022. The new AML adapts...
Leapmotor allays US, PRC regulatory concerns in rare move before Hong Kong IPO

Leapmotor’s rare move shows scrutiny on data compliance pays off

Chinese electric vehicle maker Leapmotor Technology’s rare move to engage legal advisers on PRC data security and US export laws in its successful IPO points to a growing need to scrutinise compliance in these...
Shifting tide of audit compliance for US listings, Willow Wei

Shifting tide of audit compliance for US listings

By Willow Wei, Dentons China
A number of Chinese companies listed on the New York Stock Exchange recently issued announcements of delisting. One of the reasons was that the US Securities and Exchange Commission (SEC) could not inspect audit...
Bank compliance for wealth management subsidiaries

Bank compliance for wealth management subsidiaries

Establishing bank wealth management subsidiaries (BWMS) is an important means for commercial banks to strengthen risk isolation management and implement professional operation, and also an important measure to comply with the general trend of...

Focus on ISO compliance guidelines for corporate compliance

By Deng Yong, DOCVIT Law Firm
The International Organisation for Standardisation (ISO) published the Compliance Management System Requirements and Guidelines for Use (ISO 37301) in April 2021. This was followed six months later by the China National Institute of Standardisation...
Compliance of market players in infrastructure investment

Compliance of market players in infrastructure investment

By Liu Fei and Yan Gangbo, AllBright Law Offices
Market players have become increasingly engaged in infrastructural projects as the government gradually opens up investment in them. A variety of transaction modes for market players to participate in infrastructure investment can be divided...
Bridging ‘criminal non-prosecution’ and corporate compliance

Bridging ‘criminal non-prosecution’ and corporate compliance

By Jeffrey Quan and Wu Zhenyu, ETR Law Firm
In recent years, prosecutors have been testing out a so-called “criminal compliance non-prosecution” system in some corporate criminal investigations, where they opt not to make arrests or take court action, or they recommend a...
Personal Information Internal Compliance Investigations

Labour-related ESG compliance in China

By Tracy Liu and Larry Lian , Jingtian & Gongcheng
Environmental, social and governance (ESG) corporate compliance standards have become a mainstream non-finance branch of business evaluation, advocated and promoted worldwide by the UN. ESG standards also embrace labour protection-related metrics such as forced...
Legal internal control in listing compliance, corporate governance

Legal internal control in listing compliance, corporate governance

By Han Xu and Hao Jingmei, Guantao Law Firm
Listing compliance and corporate governance are often relegated to a form of financial internal control in A-share IPOs and daily operation and management of companies. But their significance and importance in laying firm foundation...
How a compliance non-prosecution system benefits IPO plannersvideo

How a compliance non-prosecution system benefits IPO planners

By Wei Tianhui, Shu Jin Law Firm
Private companies are usually started from scratch and face challenges such as compliance costs and operating pressures. Many have undergone a development phase of “barbaric growth”, where compliance issues – even of a criminal...
Compliance experts join JunHe

Compliance experts join JunHe

JunHe has appointed Leon Liu and Carol Sun as partners in Shanghai. Previously, both were partners at Yuanda China Law Firm specialising in government enforcement and cross-border regulatory compliance. Liu was also a co-founder of...
False gold transaction invoices – prevention and compliance, Jeffrey Quan, Peng Jing, and Wu Zhenyu

False gold transaction invoices – prevention and compliance

By Jeffrey Quan, Peng Jing, and Wu Zhenyu, ETR Law Firm
Since the State Administration of Taxation and Ministry of Public Security jointly issued the Notice on Launching Special Actions against the Crime of False Issuance of Special Value-added Tax (VAT) Invoices through Gold Transactions...
Risk and compliance in layoffs at internet companies, Shaw Zhao, He Yanling

Risk and compliance in layoffs at internet companies

By Shaw Zhao and He Yanling, Jingtian & Gongcheng
From widespread layoffs in K12 education and training organisations to recent news of “personnel optimisation” and “downsizing” at several large internet companies, the impact of economic and policy shifts on the labour market is...
Compliance for facial recognition in financial e-contract signing, Yao Xiaomin, Zhang Xiaoke

Compliance for facial recognition in financial e-contract signing

By Yao Xiaomin and Zhang Xiaoke, Lantai Partners
With mass implementation of remote working and online transactions in the pandemic era, to meet the needs of transaction convenience, efficiency and cost control, the financial sector turned to electronic signatures using facial recognition...
Digital construction of business, finance and tax compliance, Quan Kaiming, Yuan Wei

Digital construction of business, finance and tax compliance

By Quan Kaiming and Yuan Wei, AllBright Law Offices
In April 2022, the 25th meeting of the Central Committee for Deepening Overall Reform examined and adopted the Guidance on Strengthening the Construction of Digital Government, requiring comprehensive implementation of the national cyber development...
DaHui hires M&A and compliance partner

DaHui hires M&A and compliance partner

Richard Qiang has joined DaHui Lawyers as a Beijing-based partner – the third to be taken on as partner by the firm this month. Qiang, who is qualified to practice in China and New York...
Compliance with regulations on ensuring SME payments Jason Chan Zhou Zizhao Anjie Law Firmvideo

Compliance with regulations on ensuring SME payments

By Jason Chan and Zhou Zizhao, Anjie Law Firm
Urging conscientious clearing of outstanding payments to SMEs, the State Council’s State-owned Assets Supervision and Administration Commission (SASAC) recently reminded central state-owned enterprises and high-tiered market players of their obligations under the Regulations on...
Data competition compliance in online platform economy

Data competition compliance in online platform economy

By Li Yu, Jincheng Tongda & Neal
Data is a core productive factor of the online platform economy and data resources underpin the core competitiveness and competitive advantages of many enterprises. Platform data resource competition usually involves protection of user personal...
Compliance issues for HK-listed companies in financial difficulties

Compliance issues for HK-listed companies in financial difficulties

In recent years, listed companies have shown greater uncertainties in operating and financial conditions amid increasing economic and political complexities globally, covid-19 resurgences and the market environment. Under the Hong Kong regulatory framework, listed...
Vertical restraint: the 'grey rhino' in anti-monopoly compliance

Vertical restraint: the ‘grey rhino’ in anti-monopoly compliance

By Angus Xie and Guo Xiao, Han Kun Law Offices
With China stepping up its anti-monopoly efforts, law enforcers are cracking down on manufacturers or wholesalers seeking to control the eventual price of their products and services via vertical restraints Recent years have witnessed a...
违反出口管制法的法律责任与海关合规风险应对

Compliance and liability for violations of Export Control Law

By Jia Xiaoning and Ning Jing, AllBright Law Offices
The implementation of China’s Export Control Law since 1 December 2020 and the issue of its first white paper on export control on 29 December 2021 reflect China’s strategic and legislative focus and determination...
How will PIPL impact corporate compliance probes?

How will PIPL impact corporate compliance probes?

By Howard Wu
To further fulfil the commitment to protect personal information, mainland China promulgated the new Personal Information Protection Law (PIPL), which gives individuals rights to control and decide how, with whom and for what purposes...
China-UK ESG compliance regulation comparison

China-UK ESG compliance regulation comparison

By Gary Yang, Dentons China
Environmental, social and corporate governance (ESG) has become a key priority of corporate concerns globally, affecting every market and business model. Benchmarked by increasingly diverse and stringent regulations, ESG brings not only opportunities but...
Compliance analysis of NFT projects under Chinese law

Compliance analysis of NFT projects under Chinese

By Tony Wang, Tian Yuan Law Firm
Although China has not promulgated laws on non-fungible tokens (NFTs), the author believes that they are virtual goods or virtual properties under Chinese law; so in the absence of further clear legal provisions, legally...
黄茜__Huang_Qian__AnJie Law Firm, Third-party supervision in rectifying corporate compliance

Third-party supervision in rectifying corporate compliance

By Huang Qian, AnJie Law Firm
On 8 December 2021, the Supreme People’s Procuratorate (SPP) issued the second batch of Enterprise Compliance Model Cases, consisting of six cases involving such crimes as collusion in bidding, passing off a registered trademark,...
TRACY LIU and LARRY LIAN, Jingtian & Gongcheng,Employer compliance governance in workplace sexual harassment

Employer compliance governance in workplace sexual harassment

By Tracy Liu and Larry Lian, Jingtian & Gongcheng
The Civil Code, effective from 1 January 2021, makes it a statutory obligation of employers to prevent workplace sexual harassment. This article aims to provide practical suggestions for employer’s compliance governance in anti-workplace sexual...
Analysis of equity-debt structures of quasi-REITs

Compliance reform by trust companies under tightened regulation

By Wu Huijin and Meng Shiyu, AllBright Law Offices
By December 2021, the transition period for new asset management regulations was nearing its end, and trust companies have made remarkable progress in planning their transformations. During the transition period, regulation intensified with the...
Shihui-hire-boosts-compliance-capabilities-L

Shihui hire boosts compliance capabilities

Sidley Austin lawyer Lu Jing has joined Shihui as a partner, specialising in compliance and transactions and co-operation projects in the life sciences field. Lu has worked as a senior lawyer at Sidley Austin with...
Criminal compliance risks in disclosures of listed companies Liu Huaying

Criminal compliance risks in disclosures of listed companies

By Liu Huaying, Grandway Law Offices
Listed companies have faced growing scrutiny in recent years of their information disclosure, as well as increasingly prominent criminal risks for violations, especially with the issue of Several Opinions of the Supreme People’s Court...
Compliance of listed companies with new regulations on external security Yao Xiaomin Wang Yumo

Compliance of listed companies with new regulations on external security

By Yao Xiaomin and Wang Yumo, Lantai Partners
An alarming number of companies – many listed – became mired in debt and were even pushed to the edge of bankruptcy in recent years due to the illegal provision of external security. To...

Compliance for NFTs and digital collectibles in China

By Zhang Feng, V&T Law Firm
Technically speaking, non-fungible tokens (NFTs) are issued based on blockchain, which makes the related digital products open, transparent, verifiable, reliable, scarce, unique, programable and designable, giving owners a totally new experience. Related industries that provide...
Cross-border-medical-data-compliance-in-new-era-of-regulation-L2

Cross-border medical data compliance in new era of regulation

By Zhou Hanshuo, Jingtian & Gongcheng
The past year has seen China’s data security framework take shape, raising compliance requirements for entities engaged in data processing, with the Data Security Law and the Personal Information Protection Law (PIPL) coming into...
PIPL-impact-on-labour-management-and-compliance-L

PIPL impact on labour management and compliance

By Tracy Liu and Larry Lian, Jingtian & Gongcheng
Employers’ collection and use of employee personal information pervades the entire process of recruitment, employment and departure. With the implementation of the Personal Information Protection Law (PIPL) on 1 November 2021, an employer that...

Skipping bids and listing: how non-compliance affects property service providers

By Li Jing and Li Jumei, Grandway Law Offices
A regular issue found with real-estate management companies that are considering listing relates to the engagement of property service providers by residential property construction companies without a due bidding process. Such non-compliance can have...
沈纯_Shen_Chun-Merits-&-Tree-adds-dispute,-compliance-partner

Merits & Tree adds dispute, compliance partner

Merits & Tree Law Offices has appointed Shannon Shen as a partner in its Shanghai office. Prior to joining Merits & Tree, Shen worked with Jingtian & Gongcheng, Grandall Law Firm and Guantao Law Firm....

Avoiding compliance shocks in solar power plant investment

By Yuan Wenqing, AllBright Law Offices
As China sets its sights on reaching “peak carbon” with a view to ending net emissions in line with its commitments under the 2015 Paris Agreement, the photovoltaic (PV) industry offers a host of...
曾峥-EKIN-ZENG-锦天城律师事务所合伙人-Partner-AllBright-Law-Offices

Corporate criminal compliance in new data security environment

By Ekin Zeng and Chen Yitao, AllBright Law Offices
Companies that possess deep pools of data have the potential to reap rich rewards in today’s information age, but they must also be wary of rapidly evolving legal and regulatory boundaries that have created...
Compliance-anxiety-合规焦虑

Compliance anxiety

A series of tectonic shifts in the international and domestic legal landscape has stressed the urgency for corporate counsel to reshape their approach to legal compliance. Kevin Cheng reports FORESIGHT IS NOT ABOUT PREDICTING the future, it’s about...
Cross-border data transfer compliance in investment and M&A, 投资并购中的数据跨境合规问题, Song Wei, Han Kun Law Offices

Cross-border data transfer compliance in investment and M&A

By Song Wei, Han Kun Law Offices
What are the regulatory risks when transferring data in or out of China, and what can corporations do to mitigate them? Since implementing the Cybersecurity Law in June 2017, data compliance has become an increasingly...
Anti-monopoly reviews and compliance in M&A transactions, 并购交易中的反垄断审查合规趋势展望, Chen Hong and Wang Na, East & Concord Partners

Anti-monopoly reviews and compliance in M&A transactions

By Chen Hong and Wang Na, East & Concord Partners
The first half of 2021 witnessed a surge in anti-monopoly penalties concerning business operator concentration filings. This article takes in the latest law enforcement practice to offer an outlook on anti-monopoly reviews and compliance. According...
Key points for tech companies checking anti-monopoly compliance, 科技企业反垄断合规自查要点, Ye Han, Merits & Tree Law Officesvideo

Key points for tech companies checking anti-monopoly compliance

By Ye Han, Merits & Tree Law Offices
Since the end of 2020, the State Administration for Market Regulation (SAMR) has been focusing on the internet sector as a key area in its anti-monopoly law enforcement work, carrying out a series of...
Key compliance points when disciplining employees for fraud, 舞弊员工处理的合规要点分析, Leo Yu and Duan Lingna, Jingtian & Gongcheng

Key compliance points when disciplining employees for fraud

By Leo Yu and Duan Lingna, Jingtian & Gongcheng
Companies often spare no effort in investigating, dealing with and pursuing fraudulent practices. Unfortunately, due to the complexity of transactions and the granularity of the division of labour and co-operation, they are often unable...

Three questions on medical data compliance

By Zhou Hanshuo and Yuan Lizhi, Jingtian & Gongcheng
On 10 June, the eagerly awaited Data Security Law (DSL) was passed, which clearly provides that each region and department is responsible for the data collected and generated in their work, and the security...
Compliance and risk prevention for VAM clauses, 对赌条款的合理设置与风险防范, Tang Sulan, East & Concord Partners 

Compliance and risk prevention for VAM clauses

By Tang Sulan, East & Concord Partners 
With M&A transactions typically involving equity investments, investors are increasingly entering into valuation adjustment mechanisms (VAMs) to reduce their risks and recover returns. The Supreme People’s Court (SPC) on 8 November 2019 released its...

Customs compliance under Export Control Law

By Jia Xiaoning and Ning Jing, AllBright Law Offices 
With the promulgation and implementation of the Export Control Law, the state export control authority, customs and other authorities will further clarify their division of responsibilities, refine their law enforcement procedures and criteria, and...

Han Kun hires boost compliance, antitrust

Han Kun Law Offices has strengthened its compliance and antitrust practice with strategic appointments in Beijing and Shanghai. Han Kun’s Beijing office added antitrust partner Angus Xie, who has more than 10 years of experience...
Exploring the reality, foreseeing the future of criminal compliance, 刑事合规的现实探索与未来预见, Kevin Dong, AllBright Law Offices

Exploring the reality, foreseeing the future of criminal compliance

By Kevin Dong, AllBright Law Offices
This past year, 2020, could be called “the first year of China’s corporate criminal compliance practice”. After years of accumulated experience, the practical exploration of criminal compliance for Chinese enterprises has expanded greatly in...
Compliance breach and loss of contract- Be on guard, 企业违反反腐败合规义务导致合同解除

Compliance breach and loss of contract: Be on guard 

By Song Ruyi, SHIAC
The claimant is a Chinese trade company selling medical devices. The respondent is a medical device provider registered in the Shanghai Pilot Free Trade Zone, and a subsidiary of a group company with headquarters...
Compliance and crisis in couple-owned companies, 夫妻档企业的治理合规与婚姻危机管理, Chen Fengxia and Cao Yan, DOCVIT Law Firm

Compliance and marital crisis management in couple-owned companies

By Chen Fengxia and Cao Yan, DOCVIT Law Firm 
The China Stock Market & Accounting Research data of actual controllers of listed private enterprises from 2003 to 2015 found that, after excluding financial sector companies and delisted and special treatment companies, there were...
Hindrances to data compliance in large enterprises, 数据合规:在大型企业落地的几大难点, Raymond Wang and Alex Luo, Anli Partners

Hindrances to data compliance in large enterprises

By Raymond Wang and Alex Luo, Anli Partners
When abstract data flow rapidly through large organisations, risks arise. With  increasingly active data-related legislation and supervision, and with the advancement of digital transformation across industries, data compliance is a growing priority for large...
VPN compliance in China, 中国的VPN合规, Sharon Shi and William Shen, AllBright Law Offices

VPN compliance in China

By Sharon Shi and William Shen, AllBright Law Offices
More and more foreign-invested enterprises in China are using VPN (virtual private network) technology to connect to corporate servers remotely and securely. However, in addition to its encrypted communication function, the more important reason...
Shanghai competition regulations boost compliance management, 上海新反不正当竞争条例敦促企业加强合规管理

Shanghai competition regulations boost compliance management

Effective from 1 January 2021, the Shanghai Anti-Unfair Competition Regulations require all business operators in Shanghai to strengthen their internal controls and compliance management. This is the first time that the concept of a...
Compliance management of enterprise trade secrets, 企业商业秘密的合规管理, Ekin Zeng and Caroline Cheng, AllBright Law Offices

Compliance management of enterprise trade secrets

By Ekin Zeng and Caroline Cheng, AllBright Law Offices
In recent years, trade secrets violations have been shown up in the press time and again. The leaking of trade secrets at Neusoft by 20 of its employees, the sentencing to three years imprisonment...
Typical cases guide compliance on unilateral furloughing, Leo Yu, Jingtian & Gongcheng_

Typical cases guide compliance on unilateral furloughing

By Leo Yu, Jingtian & Gongcheng 
Under the impact of the pandemic, unilateral furloughs as a means of settling employees during the crisis transition period have been put to use by many enterprises. In practice, the relevant legislation remains unclear...
Tax compliance issues for outbound investment, Xiao Bo and Shaji Ravendran, AllBright Law Offices

Tax compliance issues for outbound investment

By Xiao Bo and Shaji Ravendran, AllBright Law Offices
Since the implementation of the Belt and Road Initiative, Chinese foreign investment has grown rapidly. When designing the structure of outbound investment, companies will often establish or acquire an operating company in a particular...
Compliance with personal data use for machine learning, Yu Rong and He Wei

Compliance with personal data use for machine learning

By Yu Rong and He Wei, Hylands Law Firm
In recent years, in addition to enterprises specialising in artificial intelligence (AI) development technologies, an increasing number of internet enterprises have begun to use the data collected in the course of their business operations...
Wei-Jie,-Xiong-Xiaorong,-Tiantai-Law-Firm

Key steps in corporate compliance due diligence

By Wei Jie and Xiong Xiaorong, Tiantai Law Firm
In the context of globalisation, enterprises face a patchwork of regulations and an increasing number of risks. To manage and control risk, the conduct of compliance due diligence is generally required. An enterprise should...
Antitrust-authority-releases-antitrust-compliance-guidelines

Antitrust authority releases antitrust compliance guidelines

On 18 September 2020, China’s State Administration for Market Regulation (SAMR) published the final version of the Anti-Monopoly Compliance Guidelines for Business Operators. The guidelines provide a framework for how business operators should establish...
Xi Qing Cai Meng AllBright Law Offices compliance

Compliance and specific path selection in liquidations

By Xi Qing and Cai Meng, AllBright Law Offices
Under the current economic and legal environment, in the normal operation and management of companies, compliance has been generally accepted and implemented as an important measurement for corporate governance. However, investment operators still do...
Carl Li AllBright Law Offices customs

Compliance with customs taxation on royalties essential

By Carl Li, AllBright Law Offices
the General Administration of Customs (GAC) first implemented rules of expropriation and classification in 2013, and required that import duty on royalties shall be paid before importation of goods. Although the GAC created a...
Fangda Partners sets up compliance, enforcement team | China Business Law Journal

Fangda sets up compliance and regulatory practice

Fangda Partners has established a compliance and regulatory practice group co-headed by Michael Han and Kate Yin. “Despite the fact that some clients have set up independent compliance departments, diversified talents are still needed to meet...
Jia Xiaoning Ning Jing AllBright Law Offices Dividends, risks and compliance with customs reforms | China Business Law Journal

Dividends, risks and compliance with customs reforms

By Jia Xiaoning and Ning Jing, AllBright Law Offices
With the nationwide rollout of customs clearance integration reforms, completely new customs procedures and regulatory systems will have to be dealt with. What are the system dividends and risks of these reforms? And how...
VAT of foreign companies

Case: illustrates good VAT compliance for foreign companies

When a foreign company holds shares in a Chinese listed company and trades in open markets such as the Shanghai Stock Exchange and Shenzhen Stock Exchange, should the foreign company pay VAT? The issue...
pandemicvideo

Management of legal compliance during a pandemic

By Zhang Ting, DOCVIT Law Firm
The novel coronavirus pandemic has severely battered global markets. Based on the impact of the pandemic on various provinces in China, their high courts issued, at the beginning of February, responses to various issues...
compliance

COVID-19 corporate compliance risks

As COVID-19 continues to spread worldwide, more governments are implementing heavy travel and work restrictions on individuals and companies. For many companies, these restrictions have severely disrupted or even halted business operations. Their priority...

Preventing data compliance risks involving third parties

By David Pan, Llinks Law Offices
Sourcing data from third parties, or outsourcing data processing to third parties, may put business at risk while boosting its efficiency. Companies today use third-party data suppliers in various scenarios, such as collecting data from third parties in marketing, consumer...

Compliance, data issues relating to telemedicine services

By Ramon Huang, Li Tianhang, Hui Ye Law Firm
With the outbreak of the COVID-19 pandemic, international co-operation in areas such as pandemic prevention and control, new drug development and medical treatment have become crucial. Reaching out to poor and remote areas through telemedicine and...
Securities Law

Impact of revised Securities Law on compliance and insider trading

By Du Lianjun and Chu Zhilin, East & Concord Partners
The newly revised Securities Law entered into effect on 1 March 2020. This is the fourth revision, comprehensively revising and improving it in terms of the securities offering system, registration system reform for stock...
cybersecurity law

Compliance risk management under Cybersecurity Law

By Sharon Shi and Shin Feng, AllBright Law Offices
Since the implementation of the Cybersecurity Law on 1 June 2017, a series of supplementary implementing measures have been publicized. To help enterprises better understand their compliance obligations under these rules, this article analyzes...
scs

Three suggestions for meeting SCS compliance requirements

By Carl Li and Yuan Yuan, AllBright Law Offices
Corporate compliance is becoming increasingly important in China, especially with the expected nationwide full implementation of the social credit system (SCS) by the end of 2020. SCS assigns social credit scores to each entity...
trade

Processing trade compliance: Are you an unwitting smuggler?

By Wang Yongliang, AllBright Law Offices
When identifying customs affairs-related risks for enterprises, the author has found that certain processing trade enterprises have possibly commited smuggling offences without being aware. To prevent other similar enterprises from making the same mistake,...
compliance

How Chinese companies ensure compliance overseas

By Cui Haiyan, Zhejiang Brighteous Law Firm
Chinese companies are aggressively expanding into foreign markets, however, if there is no proper compliance culture in place, and if the companies fail to understand or respect the laws of the host countries, and...
tax

How do HNWIs manage tax planning and compliance?

By Liu Yungang, AllBright Law Offices
With the implementation of the Common Reporting Standard (CRS), tax information has entered an era of transparency. Tax avoidance or tax evasion based on asymmetric information is becoming more and more easily discovered. When...
Wei-Jie

Tips on corporate compliance enquiries

By Wei Jie, Tiantai Law Firm
Compliance investigation is an inherent requirement for corporate risk management. To enquire into and review the performance of certain staff helps a lot in collecting effective evidence of existing violations and misconduct, and spotting...
Cheng Zhonghua AllBright Law Offices

Personal information compliance relating to self-driving cars

By Cheng Zhonghua, AllBright Law Offices
In China, self-driving cars are also referred to as intelligent connected cars, and it is this “intelligence” and “connectedness” that permits such vehicles, through V2X technology, to achieve information exchange with all entities that...
easy access

Compliance for ‘easy access and strict management’

By Quan Kaiming, AllBright Law Offices
The third plenary session of the 19th Central Committee of the Communist Party of China made a major decision to deepen the reform of the party and state institutions, taking improving the market supervision...
merger control

Corporate compliance under merger control regime

By Huang Kai, Commerce & Finance Law Offices
It’s been more than a decade since the Anti-Monopoly Law (AML) was put into place, during which we’ve seen fruitful results. Together with the EU and the US, China has become one of the...

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