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

Sherry Gong

Posts by Sherry Gong
Posted in Cybersecurity, Data Protection & Privacy, e-commerce Photo of Roy ZouPhoto of Adrian EmchPhoto of Sherry GongPhoto of Andrew McGintyPhoto of Eugene LowPhoto of Mark Parsons

A game changer? China enacts first e-commerce law

In stark contrast to the rapid development of e-commerce in China, it has taken nearly five years and no less than four drafts for China to finalise its first e-Commerce Law. The new law will enter into force on 1 January 2019. This new law has a remarkably broad scope, encompassing many aspects of e-commerce, including, for example, e-payments, product safety, data protection, cybersecurity, anti-competitive conduct, and intellectual property infringement. The law also covers all the main players in the e-commerce industry in China, from the platform operators (like Taobao

Posted in Internet, Policy & Regulation Photo of Jun WeiPhoto of Sherry 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 interpreted as a citizen of China.  However, in the Guidelines for Personal Information Protection within Information Systems for Public and Commercial Services on Information Security Technology (the “Guidelines“), the same term is defined as

Posted in Policy & Regulation, Technology Photo of Jun WeiPhoto of Sherry GongPhoto of Nolan ShawPhoto of Andrew McGintyPhoto of Mark 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 rigorous cyber security regulation is in line with international trends.  However, the specific approach to regulation being taken in China is a clear outlier, primarily for the broad and often

Posted in Internet, Policy & Regulation Photo of Andrew McGintyPhoto of Jun WeiPhoto of Sherry GongPhoto of Nolan 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 Administrative Provisions (网络出版服务管理规定) (the “Online Publication Provisions“).  The Online Publication Provisions were issued on 4 February 2016 and came into effect from 10 March 2016. Foreign Investor Concerns The Online Publication Provisions have raised a number of concerns

Posted in Internet Photo of Deanna WongPhoto of Eugene LowPhoto of Mark ParsonsPhoto of Sherry 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 try to distinguish fact from fiction. Overview of main changes under the Draft The Draft regulates most aspects of the domain name system in China, and contains various provisions ranging from minimum requirements applicable

Posted in Internet, Telecoms & Broadband Photo of Sherry GongPhoto of Andrew 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 circulated for public comments in 2013 (“2013 Draft Catalogue“), but this is the first official ‘face lift’ since the 2003 version (the “2003 Catalogue“). Thirteen years is a huge gap in technology terms, and

Posted in Policy & Regulation Photo of Jun WeiPhoto of Sherry GongPhoto of Nolan ShawPhoto of Andrew McGintyPhoto of Mark 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 it, terrorism is finally given a definition (albeit, a broad-ranging one), and a number of controversial provisions for technology providers in an earlier draft of the law have been removed, namely

Posted in Data Protection & Privacy Photo of Sherry GongPhoto of Nolan Shaw

Chinese Appellate Court Provides Guidance for Lawful Use of Cookies

On 6 May 2015, the Intermediate People’s Court of Nanjing City, Jiangsu Province, issued a civil judgment ruling that the search engine giant Baidu’s use of cookies to personalize advertisements directed at consumers on partner third party websites does not infringe consumer rights of privacy.  The court based its decision on findings that the information collected by the Baidu cookies did not amount to “personal information” under Chinese law, the complainant did not suffer cognizable injury by receiving targeted ads on other sites, and Baidu afforded consumers mechanisms to opt-out.

Posted in Internet, Policy & Regulation Photo of Sherry GongPhoto of Nolan Shaw

Trapped behind the firewall, foreign VPN services disrupted in China

In January 2015, a number of virtual private network (“VPN”) companies located outside of the People’s Republic of China (“PRC” or “China”) that serve customers within China reported major disruptions of service. These disruptions, reportedly the result of an upgrade to China’s censorship system stemming from safety concerns, have affected many people and companies in China who use VPNs to visit websites outside the country, including websites that are important for their businesses and investments in China but are censored by the Great Chinese Firewall. Following the recent tightening of

Posted in Internet, Telecoms & Broadband Photo of Jun WeiPhoto of Sherry GongPhoto of Andrew McGintyPhoto of Nolan 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 in the public domain[1]. As of the date of this writing, deliberations on the Draft Law are ongoing, notwithstanding media speculation that it had been dropped[2]. One of the points that is striking about the Draft Law is that

Posted in Telecoms & Broadband Photo of Andrew McGintyPhoto of Sherry GongPhoto of Kurt 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 highly sensitive nature of the telecommunications sector, foreign participation has been very limited in this highly regulated industry. In the People’s Republic of China (“PRC” or “China“), telecommunication services are divided for regulatory

Posted in e-commerce, Internet, Policy & Regulation Photo of Roy ZouPhoto of Andrew McGintyPhoto of Sherry 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 numerous consumer complaints.

Posted in e-commerce, Internet, Policy & Regulation Photo of Roy ZouPhoto of Andrew McGintyPhoto of Sherry 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 it on 31 May 2010 (the “Tentative Online Trading Procedures“). The aim of the Tentative Online Trading Procedures was to regulate online commodity trading conduct and to protect online consumers and business operators. However,