Features & Analyses

• Is a VIE an Obstacle to a Merger Filing in China?

  Scott Yu, Frank Jiang, Rachel Li, Emily Xu and Derek Liu of Zhong Lun Law Firm discuss a recent joint venture between Yum China and Mininglamp that the firm advised on involving a variable interest entity (VIE) structure that received unconditional clearance from the State Administration for Market Regulation (SAMR), which is the first case of its kind in China. They also highlight key issues arising in a merger filing involving a VIE structure and offer some key practical guidance for VIE structured companies

  July 30, 2020

  

• Draft Data Security Law: Highlights and Commentary

  Jianwei (Jerry) Fang and Wenpei Yu of Zhong Lun Law Firm discuss the main features of the Draft Data Security Law including the definition of data, clarification of the scope of regulatory power, the new data mechanism, export control measures and increased penalties

  July 23, 2020

  

• Trump Administration Set to Sanction Foreign Financial Institutions Over Hong Kong

  Global banks are increasingly being forced to pick a side amidst U.S.-China hostilities

  July 17, 2020

  

• Government Engagement, Support of Chinese Partner Key to Navigating China's Cybersecurity Review

  China's heightened scrutiny of supply chain security for critical infrastructure threatens foreign network suppliers' sales

  July 10, 2020

  

• Protecting Personal Information in M&A Transactions

  Jianwei (Jerry) Fang, Wenpei Yu and Yue Liu of Zhong Lun Law Firm highlight the pitfalls of M&A transactions that involve the transfer of personal information and steps that the buyer can take to limit value risk and to ensure compliance with personal data protection

  July 03, 2020

  

• Online Trials Propel the Use of the Smart Court in China

  Danlei Wu of Fangda Partners discusses the rise of online courts used to resolve disputes particularly in the middle of the coronavirus pandemic where areas have been under lockdown and highlights the benefits and disadvantages of the use of online trials that will likely be incorporated as a norm in legal practice

  June 26, 2020

  

• Why the US Wants to Strip Hong Kong of its Special Trade Privileges

  As an entrepôt for U.S.-China trade, Hong Kong is a gateway for PRC entities to access U.S. technology, something the Trump administration is keen to stop

  June 19, 2020

  

• Strengthening the Protection of Personal Information in China - National Standard Overhaul

  Jerry (Jianwei) Fang and Wenpei Yu of Zhong Lun Law Firm discuss the important changes to updated Personal Information Security Specification and how it offers more protection to those who provide personal information for collection, and recommend actions companies should consider to ensure compliance under the new regulations

  June 11, 2020

  

• All Eyes Back on China's Own Entity List as US-China Battle Heats Up

  U.S.-China hostilities have been pretty one-sided so far, but China has vowed to retaliate starting with measures targeting U.S. companies

  June 05, 2020

  

• China Targets Data Collectors With New GDPR-Aligned National Standards

  Unbundled consent, biometric data and personalized displays all feature in China's latest data protection specification

  May 29, 2020