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▪ 130 Chinese headhunters arrested, involving breach of 200 million pieces of person
▪ Corporate Compliance Programs Evaluation Issued by US DOJ (Chinese Translation)
▪ The prospect is promising to commercialize Level-3 autonomous driving in China
▪ Intelligent and digital infrastructures are scheduled to accompany automatic vehic
▪ Will China illegalize VIEs?
▪ You cannot miss the gold rush under China's new Foreign Investment Law
▪ Data must stay in China to get classified protection under Cyber Security Law
▪ China is to fast-track law-making in autonomous driving
▪ What compliance obligations to meet to transfer data from within China?
▪ Chinese government uses digital forensics technology to dig bribery evidence
▪ A Chinese medical device distributor fined CNY 50,000 for bribing with Moutai
▪ How would Chinese E-commerce Law affect you (1)?
▪ Conflict between the culture and the Party’s rules: $70 gift money got a director
▪ "Excessive Pricing" from perspective of Competition Law
▪ Does China prohibit cross-border transfer of scientific data?
▪ Hypermarket Caesar jailed for ten years for giving “reward for go-between”
▪ How is environmental protection tax collected in China?
▪ China Redefined Bribery Anticompetitive in Nature
▪ China is to amend its Constitution
▪ Chinese government vowed to crack down on bribe givers more harshly
▪ China has its own Dodd-Frank; the award for whistleblower could be US$ 80K
▪ Chinese government may LIUZHI a suspect of wrongdoing
▪ Cooking clinical trial data is rampant and now criminally punishable in China
▪ 5th Viadrina Compliance Congress
▪ Does a compliance bird eat nothing?
▪ How Are Drugs Being Sold in China Despite the Anti-Corruption Crusading
▪ Chinese whistle-blower lauded while French boss fled out of China
▪ Life Sentence for Deputy Chief Justice of China
▪ Why Is Chinese Anti-bribery Law a Very Important Compliance Obligation?
▪ The Report on Corporate Compliance Management in China (2016)
▪ Use of "predictive coding" in eDiscovery document review…best friend or job replac
▪ Civil Fraud v. Criminal Fraud: Criminal Proceedings Not a Silver Bullet to Resolve
▪ Corrupt Chinese drug administrators jailed or executed, whose family members ended
▪ Tone from the middle cannot be ignored
▪ Is bribing a Chinese doctor bribing an FCPA governmental official?
▪ Criminal and Administrative Liability under China's Competition Laws
▪ Model Standards for Trade Association Compliance with China's AML
▪ Double Exposure to Legal Risk Under China's Competition Laws: Comments Upon the Ex
▪ New Privacy Standards for New Data
▪ Chinese Police Are Foxhunting Corrupt Officials
▪ Transfer of Personal Data Overseas from Singapore: Recent Enhanced Provisions
▪ New Guidance on Antitrust Notifications in China
▪ China Issued the Standards on the Quality Management of Using Medical Devices (Dra
▪ China Imposes Harsher Liabilities for Environmental Non-Compliance
▪ GSK Faces Two Corruption Fights in East and West
▪ European Court of Justice Abrogates Data Retention and Allows Data Detention
▪ China Is to Adopt Risk-based Supervisory Rules on Medical Devices
▪ China to Set Food & Drug Police
▪ Don't Put All Medical Eggs into One Blacklisted Basket
▪ Payments to the Coffer of SOEs Are Bribes
 
130 Chinese headhunters were arrested following investigations into a headhunter research website “Lietou Sou”. Investigations by the special taskforce were sparked by a joint complaint filed to the Guangzhou police department by multiple internet companies. The website contained over 200 million pieces of illegally acquired personal information.

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On April 30, 2019, the U.S. Department of Justice issued an updated version of its Evaluation of Corporate Compliance Programs. The guidance document sets forth a list of common questions that prosecutors may ask in evaluating corporate programs in a criminal investigation. Compared with the 2017 version, the 2019 updated one is more pragmatic and practical. Although the document does not explicitly indicate “right” answers to such questions, the questions clearly reveal the components of an effective compliance program to enterprises.  We translated the document into Chinese for reference.



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Based on the successful cooperation between Baidu and GAC at the high-precision map level, the cooperation between them in Level-3 autonomous driving and other products will also be carried out gradually.  We look forward to the GAC vehicle model’s early realization of the leap from the scientific research results to the mass production.  In the future, more and more autonomous driving solutions with "Apollo gene" will become the standard configuration for traditional automobile companies’ AI upgrades, which will also bring about another revolution to the human travel.



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Boao Forum for Asia (“BFA”) was held on March 26 to 29, 2019. Its sub-forum — 5G: The achiever of Internet of Things — talks about the 5G development.  The participants of this forum believed 5G development should be open, cooperative, globally unified and integrated with existing industrial facilities.


Miao Wei, the Minister of the Ministry of Industry and Information Technology (“MIIT”), said at BFA that the MIIT and Ministry of Transport (“MOT”) had reached a consensus that the government would devote itself to promoting the research on vehicle networking, and speeding up the intelligent and digital revolution on the highways in China.



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China passed the Foreign Investment Law ("FIL").  Among many excitements to Chinese and non-Chinese investors, there is a great news or heart balm that the FIL did not illegalize the “variable interest entity” structure or VIEs as the Foreign Investment Law (draft) suggested.  VIEs have been the investment structure of choice for foreign investors to navigate through the grey areas of PRC law on foreign direct investment for over two decades.   It remains to see that many VIEs will be continuously structured to turn around the areas not available for non-Chinese investors, and if the Chinese government will illegalize them in China.  The article is not legal opinion and for registered members only.  



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The Foreign Investment Law reflects a win-win resolution from the Sino-US trade friction.  With the adoption of the draft Foreign Investment Law, there will be a new gold rush attracting all different kinds of foreign investors coming into the Chinese market.



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Under China’s Cyber Security Law (“CSL”), there are compliance obligations or privileges.  Obligation means the basic requirements to meet, any short of which will subject you to punishment.  Privilege means the extra benefits nice to have, any short of which could make you less competitive.  Classified protection (“CP”) is a mechanism that is both obligation and privilege.  To be certified under CP, you would have prima facie evidence that your network system meets the basic safety requirements under the CSL. 


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When talking about the important part of national security, like science and technology, Xi pointed out that China should pace up with launching of preemptive alerting and monitoring system for science and technology security.  Especially, he called on fast-tracking the law-making in AI, gene editing, medical diagnosis, autonomous driving, unmanned aerial vehicles, service robots and other fields.




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