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Global Media and Communications Watch The International Legal Blog for the Tech, Media and Telecoms Industry

Andrew McGinty

Posts by Andrew McGinty
Posted in Cybersecurity, Data Protection & Privacy Mark ParsonsAndrew McGintyJun WeiRoy Zou

China’s revised draft data localisation measures

On 19 May 2017, the Cyberspace Administration of China (the “CAC“) released a revised draft of its Security Assessment for Personal Information and Important Data Transmitted Outside of the People’s Republic of China Measures (the “Second Draft Export Review Measures“).

The draft emerged just over a week after public comments closed on the first draft of … Continue Reading

Posted in Policy & Regulation Andrew McGintyMark ParsonsNolan Shaw

China moves to implement security review of network products and services: but leaves foreign investor and manufacturer concerns unanswered

On 4 February 2017, the Cyberspace Administration of China issued a draft of the Network Products and Services Security Review Measures (“Draft Measures“) for public comment: the Draft Measures remain open for comments until 4 March 2017. The Draft Measures are follow-on legislation to China’s Cyber Security Law adopted on 7 November 2016, which will take effect from … Continue Reading

Posted in Policy & Regulation, Technology Andrew McGintyNolan Shaw

Draft legislation to affect China cloud services market access

On 25 November 2016, the Ministry of Industry and Information Technology, China’s telecommunications and Internet regulator, issued a draft Circular on Regulating Business Activities in the Cloud Services Market for public comment (“Draft Circular“). The stated aims of the Draft Circular are to improve the cloud services market environment and further regulate business activities in this sector. In … Continue Reading

Posted in Policy & Regulation Jun WeiRoy ZouNolan ShawAndrew McGintyEugene LowMark Parsons

China to grow big on e-healthcare data

On June 21, 2016, the State Council issued the Guiding Opinions on Promoting and Regulating the Development of the Application of Healthcare Big Data (“Guiding Opinions“). The Guiding Opinions declare that healthcare big data is a fundamental, strategic national resource; recognize that its development will have a significant impact on healthcare and medical treatment; and formulate programmatic plans … Continue Reading

Posted in Policy & Regulation, Technology Jun WeiSherry GongNolan ShawAndrew McGintyMark Parsons

China’s second draft of the Cyber Security Law continues to propose more stringent regulation of cyberspace

On 6 July 2016, a second draft of the People’s Republic of China Cyber Security Law was released to the public for comment following its second reading by the Standing Committee of the National People’s Congress.  The deadline for submitting comments on the second draft is 4 August 2016.

Given the growing cyber threat globally, the Chinese move towards more … Continue Reading

Posted in Advertising, Policy & Regulation Eugene LowDeanna WongAndrew McGinty

No place to hide in Chinese cyber space – new rules regulate online advertising

On 4 July 2016, the State Administration of Industry and Commerce (“SAIC“), the regulatory body charged with enforcing, among other things, the People’s Republic of China Advertising Law (revised with effect from 1 September 2015) (“Advertising Law“) released the Administration of Online Advertising Interim Measures (“Interim Measures“; in Chinese <联网广告管理暂行办法>), which
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Posted in Internet, Policy & Regulation Andrew McGintyJun WeiSherry GongNolan Shaw

Are foreigners banned from publishing on the Internet in China? An examination of what exactly China’s new online publishing rules are ruling out

China’s media and publishing regulator, the State Administration of Press, Publication, Radio, Film and Television (“SAPPRFT“), and its telecoms and Internet regulator, the Ministry of Industry and Information Technology (“MIIT“), have jointly issued new rules governing online publications in the People’s Republic of China (“China” or the “PRC“): the Online Publication Services Continue Reading

Posted in Internet, Telecoms & Broadband Sherry GongAndrew McGinty

China gives the Telecommunications Catalogue a thirteen year face lift – but does it really capture all the new technologies?

On 28 December 2015, the Ministry of Industry and Information Technology (“MIIT”), China’s telecoms and Internet regulator, issued the revised Classification Catalogue of Telecommunications Businesses (2015 Edition) (the “2015 Catalogue“).  The long-awaited 2015 Catalogue will come into effect on 1 March 2016.  A draft which included some of the main changes to the 2015 Catalogue was … Continue Reading

Posted in Policy & Regulation Jun WeiSherry GongNolan ShawAndrew McGintyMark Parsons

China’s Counter-Terrorism Law enlists the support of Technology Providers (and just about everyone else)

On 27 December 2015, China’s National People’s Congress passed the nation’s first comprehensive law on terrorism, the People’s Republic of China Counter-Terrorism Law, which took effect on 1 January 2016.

The Counter-Terrorism Law reflects some important developments that may give some comfort to observers that their voices are being heard, without by any means removing all the concerns.

In … Continue Reading

Posted in Internet, Telecoms & Broadband Jun WeiSherry GongAndrew McGintyNolan Shaw

Suppressing terrorism or stifling deployment of (foreign) technology? China’s draft Anti-Terrorism Law troubles foreign technology providers

The National People’s Congress (“NPC“) of the People’s Republic of China (“China” or “PRC“) issued a draft Anti-Terrorism Law (the “Draft Law“) for public comment on 3 November 2014. As of the end of February 2015, the Draft Law had moved into its second draft but the revised draft is not yet … Continue Reading

Posted in Policy & Regulation Andrew McGinty

Beijing releases catalogue banning or restricting ‘new addition’ projects affecting high-tech field

On July 21, 2014, the Beijing municipal government published the Beijing Municipality Catalogue of Prohibited and Restricted New Addition Industries (2014 Edition) (“Beijing Catalogue”).

The Beijing Catalogue marks a significant shift towards a more restrictive investment environment, being the first example of an ‘investment’ catalogue issued in China that does not encourage or specify areas open to investment but whose … Continue Reading

Posted in Policy & Regulation Andrew McGintyRoy ZouMark Parsons

Third Party Payment Licences in China – Are They within The Grasp of Foreign Investors?

Online sales in China are booming.  Gigantic figures are regularly trotted out by commentators to illustrate the size of the online market, such as the recent jaw-dropping figures for online sales for China’s answer to St. Valentine’s Day, Singles’ Day (光棍节).  That market is underpinned by payment services, and the number of payment services providers, and online payment services providers … Continue Reading

Posted in Telecoms & Broadband Andrew McGintySherry GongKurt Tiam

China signals further liberalization of value-added telecom services in Shanghai Free Trade Zone

On April 15, 2014, China’s MIIT issued long-awaited guidance on foreign-investment in value-added telecom platforms in the Shanghai Free Trade Zone.  A full analysis of the new provisions is available here.

Since the establishment of the Shanghai Free Trade Zone (“Shanghai FTZ“), investors have been closely monitoring the liberalization policies in the telecommunications sector.  Historically, given the … Continue Reading

Posted in e-commerce, Internet, Policy & Regulation Roy ZouAndrew McGintySherry Gong

China: Draft administrative measure for transaction rules of online retailing conducted on third-party platform

On 26 September 2013, China’s Ministry of Commerce (“MOFCOM“) released a draft of the Online Retailing Conducted on Third-Party Platforms Transaction Rules Administrative Procedures (网络零售第三方平台交易规则管理办法) (the “Draft Transaction Rules Procedures“), which aims to regulate transaction rules stipulated by third-party service platforms. The Draft Transaction Rules Procedures appear to cover new legislative ground, no doubt prompted by … Continue Reading

Posted in e-commerce, Internet, Policy & Regulation Roy ZouAndrew McGintySherry Gong

Will China’s revision to its E-Commerce legislation make a difference?

China’s State Administration of Industry and Commerce (“SAIC“) issued a draft of the new Administrative Measures for Online Commodity Trading and Relevant Services (网络商品交易及有关服务管理办法) on 11 September 2013 (the “Draft Online Trading Procedures“), with the objective to revise and clarify the Interim Measures for the Administration of Online Commodities Trading and Relevant Services (网络商品交易及有关服务行为管理暂行办法) issued by … Continue Reading