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

Eugene Low

Posts by Eugene Low
Posted in Copyright, Internet Alastair ShawNathaniel BoyerEugene LowZhen FengPJ Kaur

UK, US, HK and China – Access denied: an international perspective on ISP blocking injunctions

While the UK Court of Appeal has opened the door for broadband ISP blocking to combat trademark or copyright-infringing activities (see our earlier report ), the picture in the United States, China and Hong Kong is more complex.

“‘It is, it is a glorious thing, to be a Pirate King,’ said W.S. Gilbert: but he was speaking of ship Continue Reading

Posted in Technology Deanna WongEugene LowZhen Feng

IP aspects of China’s new controversial Cyber Security Law

China’s Cyber Security Law, which will take effect from 1 June, 2017 was finally adopted on 7 November.  The third draft of the law adopted by the Standing Committee of the National People’s Congress, China’s highest legislative authority, contained few changes from the second draft put forward for comment in July, 2016 (see our briefing).

The net result … Continue Reading

Posted in e-commerce Eugene Low

China strengthening consumer protection in e-commerce

It is no exaggeration to say that e-commerce is huge in China. E-commerce sales on China’s Singles’ Day (11 November 2016) have been hitting record-high year and year again. This year, it was reported that online consumers of Alibaba’s Chinese website have spent over US$17 billion on the Singles’ Day in just 24 hours.

Amid this popularity of e-commerce, the … Continue Reading

Posted in Policy & Regulation Eugene Low

Trending to the positive: New draft regulations for consumer protection in China

China’s State Administration for Industry and Commerce (SAIC) recently released its draft Implementing Regulations on the Protection of the Rights and Interests of Consumers (Draft Regulations) for comments.  The Draft Regulations seek to further strengthen consumer rights in China. Proposed changes include setting mandatory returns and exchange arrangements, tackling aggressive selling behaviour and expressly prohibiting cold calls. In this article … 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 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
Continue Reading
Posted in Internet Eugene Low

Are mobile chat messages caught by Hong Kong’s anti-spam law?

In April this year, the Magistrates’ Court of Hong Kong directed a defendant to disclose information on the sending of unsolicited group chat messages on a mobile messaging application. This confirms that mobile chat messages and potentially other forms of interactive messaging on social media would be subject to the anti-spam law of Hong Kong, the Unsolicited Electronic Messages Ordinance … Continue Reading

Posted in Data Protection & Privacy Eugene Low

Right to be forgotten denied in the Chinese court

The Beijing No.1 Intermediate People’s Court recently refused to recognise that there is a “right to be forgotten” under Chinese laws. However, the fact that this issue was expressly raised and discussed in the Chinese court highlights that litigants and courts in China have kept themselves apprised of data privacy developments elsewhere in the world. And while recognising that this … Continue Reading

Posted in Internet Deanna WongEugene LowMark ParsonsSherry Gong

Towards a Greater Chinese Firewall? – China issues new draft domain name rules

On 25 March 2016, the Chinese Ministry of Industry and Information Technology (the “MIIT“) issued Draft Rules on the Administration of Internet Domain Names (“Draft“) and issued a call for comments. The Draft has raised serious concerns among the public and the international media. In this article we summarize the key changes in the Draft, and Continue Reading

Posted in Data Protection & Privacy Eugene Low

Data Users Alert: New Guidance on Data Breach Handling in Hong Kong

On 9 October 2015, the Privacy Commissioner for Personal Data published a Guidance Note on “Data Breach Handling and the Giving of Breach Notifications“, a revised version of its June 2010 edition.

The Guidance Note gives guidance to data users (the concept of ‘data user’ is similar to the concept of ‘data controller’ under EU law) on how … Continue Reading

Posted in Advertising, Internet Adrian EmchZhen FengEugene Low

Most recent Chinese ‘ad block’ judgment affirms ad-based revenue model for Internet businesses

On 14 October 2015, a local court in Shanghai adopted the latest in a series of judgments on the legality of software and other technical measures that block or skip advertisements on digital platforms.

In its judgment, the Shanghai Yangpu District People’s Court found that Juwangshi Technology Corporation (“Juwangshi“), a video streaming service aggregator, had breached anti-unfair competition … Continue Reading

Posted in Advertising, Internet Eugene LowDeanna Wong

China’s SAIC tightens its grip on online advertising in its newest Draft Measures

Given the lower level of government scrutiny and the widespread use of (mobile) internet, online advertising has become very popular in China. However, in the wake of China’s new Advertising Law, the State Administration of Industry and Commerce (‘SAIC’) has now turned its attention to the online environment, recently issuing its Draft Interim Measures for Supervision and Administration over Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation Mark ParsonsEugene Low

A Right to be Forgotten in Hong Kong?

A recent appeal against an enforcement notice issued by the Privacy Commissioner for Personal Data of Hong Kong raised an interesting and highly controversial issue as to whether, and to what extent, individuals in Hong Kong have a “right to be forgotten” entitling them to deletion of personal data in the public domain.

This label of “right to be forgotten” … Continue Reading

Posted in Data Protection & Privacy Mark ParsonsEugene Low

Hogan Lovells Hong Kong Event: Data Privacy Regulation in Asia – A Practical Way Forward to Compliance

On Thursday, 14 May, Hogan Lovells data protection lawyers Mark Parsons and Eugene Low will host an in-person discussion at Hogan Lovells’ offices in Hong Kong to take stock of where Asia is in terms of data privacy regulation, and to help chart a roadmap to compliance. The focus will be on identifying “hot spots” for businesses operating across the … Continue Reading

Posted in Advertising, Policy & Regulation Eugene Low

China Slaps Record Fine on False Advertising – Draft Advertising Law stimulus for tougher stance?

Background of the case

A toothpaste television advertisement was hit with a record fine of RMB 6.03 million (approximately US$0.96 million) for violating the Advertising Law in China.

According to a recent report from the Shanghai AIC published last week, the television advertisement showed a Taiwanese celebrity showing off her teeth and boasting that they were visibly whiter after just … Continue Reading