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Tag Archives: china

Posted in Data Protection & Privacy Mark Parsons

“Cybersecurity Review” Takes Shape in China

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 on 1 June … 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 Entertainment & Content, Policy & Regulation Sheri JeffreyJun WeiLu ZhouNolan Shaw

Now playing: New film law impacts the Chinese silver screen

On November 7, 2016, the People’s Republic of China’s highest legislative body, the Standing Committee of the National People’s Congress, passed the Film Industry Promotion Law (Film Law). The Film Law takes effect on March 1, 2017.

The Film Law is the first comprehensive “law” in China targeting the film industry specifically and is more than 13 years … 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 Internet, Policy & Regulation Jun WeiSherry Gong

CAC issued draft regulations: Cyberspace protection of minors is on agenda

On September 30, 2016, the Cyberspace Administration of China (the “CAC“) issued the draft for comments of the Regulations on Cyberspace Protection of Minors (the “Draft“).  A “Minor” is not defined in the Draft, but defined under the Minor Protection Law as any citizen under the age of 18.  The term “citizen” is likely to be … Continue Reading

Posted in e-commerce Adrian EmchAndy Huang

Chinese payment encryption device suppliers fined for participation in government-orchestrated cartel

On 4 November 2016, the State Administration for Industry and Commerce (“SAIC“) – one of China’s antitrust authorities – published on its website three decisions, whereby three payment encryption device suppliers were fined by SAIC’s branch in Anhui Province (“Anhui AIC“).  Payment encryption devices are used by bank customers to protect the security of payments
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Posted in Data Protection & Privacy Mark Parsons

China Passes Controversial Cyber Security Law

China’s Cyber Security Law, which will take effect from 1 June, 2017 was 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 is continued … 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 Andy Huang

Chinese antitrust enforcer sanctions TV provider

On 7 June 2016, the Administration for Industry and Commerce (AIC) in Inner Mongolia held the Xilin Gol branch of the Inner Mongolia Radio and Television Network Group (Xilin Gol Radio and Television) to have violated the Anti-Monopoly Law (AML).

Xilin Gol Radio and Television was ordered to stop its illegal conduct, had illegal gains in the amount of RMB … 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 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 Andy Huang

Hantao v. Baidu – ‘scraping’ third-party information as unfair competition

On 26 May 2016, the People’s Court in Shanghai’s Pudong New Area handed down its judgment in Hantao v. Baidu, in which Baidu was sued for inappropriately using information uploaded on dianping.com, a Hantao-owned website and app.  The court decided in favor of the plaintiff, and laid out a possible analytical framework for assessing unfair competition aspects in the … Continue Reading

Posted in Policy & Regulation Nolan Shaw

China eases cross-border film and media regulations

On 18 May, 2016, China’s media regulator, the State Administration of Press, Publication, Radio, Film and Television (“SAPPRFT“), issued a decision (the Decision on the Amendment of Certain Rules (“Decision“)) amending five of its rules. This was part of a broader government-wide effort to reform and simplify China’s complex and sprawling system of administrative approvals across … 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, Policy & Regulation Adrian Emch

New anti-unfair competition guidance for Internet players from Beijing court

On 13 April 2016, the Beijing High People’s Court released the Trial Guidelines on Network Related Intellectual Property Right Cases (“Guidelines”).  To a large extent, the Guidelines seem to be an attempt to codify the vast – and at times inconsistent – case law in this area by courts across China.

The issuance of the Guidelines represents the second codification … Continue Reading

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 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 e-commerce Georgia Chiu

e-commerce sales targeted in SAIC’s “red shield net sword” campaign

China’s State Administration for Industry and Commerce (SAIC) pulled through its annual online piracy crackdown – called the “red shield net sword” campaign – from July to November 2015. The campaign aimed at curbing online sales of counterfeit and sub-par goods, and mainly targeted infringements on e-commerce platforms.

According to a recent SAIC notice, SAIC and its local offices mainly 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 e-commerce Mark ParsonsRoy Zou

China regulates online payment business of non-bank players

China’s online payment market is growing at breakneck speed. In the first three quarters of 2015, the total volume of online transactions processed by payment institutions exceeded RMB 56 billion, and the monetary value of transactions reached close to RMB 3.3 trillion.

But these impressive figures have come with significant “growing pains” in the industry, as the quality of some Continue Reading

Posted in Policy & Regulation

The end of a golden age for China’s mobile app market?

China has finally made a move to regulate the smart mobile devices applications (Mobile Apps) industry, which has been on fire for many years but has experienced certain “growing pains” recently. This move may signal the end of the “gold rush era” for China’s Mobile App market and usher in a more orderly and regulated market environment.

On 18 November … Continue Reading