Features & Analyses

• Businesses Navigating Data Transfer Uncertainties by Balancing Compliance Necessity, Business Costs

  The scope of China's cross-border personal information transfer regulatory regime is edging closer to being finalized, but businesses are in no rush to overhaul their data transfer practices

  December 18, 2020

  

• Taking a Page From GDPR, China's New Data Transfer Regime Can Reduce Government Involvement

  The draft Personal Information Protection Law introduces two new data transfer mechanisms that do not seem to directly require government approval

  December 11, 2020

  

• China's Civil Code Expands Personal Information Protection, Strengthens Contractual Protections

  Coming into effect in January, China's fundamental law introduces new provisions on personal information protection and strengthens weaker parties in contractual negotiations

  December 03, 2020

  

• What Does a Biden Presidency Mean for US Export Controls, Sanctions on China?

  A Biden administration is likely to share the same export controls and sanctions policy goals as its predecessor, while taking on a more collaborative approach with stakeholders and industry

  November 26, 2020

  

• How a Biden Presidency Might Shake Up US-China Investment

  Scrutiny of Chinese investment in the U.S. is unlikely to ease anytime soon, but a Biden administration is expected to adopt a less abrasive approach than that of his predecessor

  November 20, 2020

  

• Chinese Antitrust Guidelines on Leniency and Commitments Offer Companies a "Way Out"

  Fay Zhou, Vivian Cao and Xi Liao of Linklaters discuss the recently introduced Leniency and Commitments Guidelines by highlighting their differences in application, scope and legal implications, as well as whether companies should adopt the leniency or commitments mechanisms to seek comparatively favorable or less severe outcomes when responding to antitrust investigations

  November 19, 2020

  

• The Fourth Amendment to the Patent Law

  Fang Qi and Danlei Wu of Fangda Partners highlight the main provisions in the recently introduced Fourth Amendment to the PRC Patent Law, which aims to establish a patent linkage system for patents in the pharmaceuticals industry, bring about significant changes to the design patent regime, strengthen patent protection against infringement and tackle the issue of abuse of patent rights

  November 12, 2020

  

• A Brief Introduction to the PRC Export Control Law

  Jianwei (Jerry) Fang and Wenpei Yu of Zhong Lun Law Firm answer some common questions about China's new Export Control Law, which for the first time sets out a comprehensive system of export control in the country

  November 06, 2020

  

• In-House Insights: The New Development Bank – Abhimanyu Ghosh, Senior Counsel

  Established in 2014, the New Development Bank was set up by China and the four other BRICS countries (Brazil, Russia, India and South Africa) to finance infrastructure and sustainable development projects in the BRICS and other emerging economies. As of July 2020, the NDB has approved loans of $18.6 billion. Abhimanyu Ghosh, Senior Counsel at the NDB based in the bank's headquarters in Shanghai, discusses his role at the bank, the bank's rapid response to COVID-19, setting environmental and social terms for their loans, as well as how working for a multilateral development bank is different from working for a law firm. The in-house legal team at the NDB was the winner of the In-House Team of the Year International at the recent 2020 China Law and Practice Awards.

  November 05, 2020

  

• The First VIE+CDR Chinese Tech Firm Given the Nod to Listing on A-Share Market

  As the first VIE+CDR Chinese tech firm has been listed on Shanghai's A-share market, Bing Xue and Xiaoxi Liu of Han Kun Law Offices look at the impact of the reform on other Chinese companies wishing to return to the domestic market

  October 30, 2020