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▪ Demystify Corporate Social Credit System in China
▪ China is deploying “Operation Skynet” to further “Fox Hunt”
▪ China is to award whistleblowers heavily – foreign companies are more vulnerable t
▪ 130 Chinese headhunters arrested, involving breach of 200 million personal info
▪ 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
 

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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When transferring data out of China, many MNCs began to be mindful of their obligations to comply with China's Cyber Security Law.  However, not all of them realized that they have some other compulsory obligations to comply such as state secrets law, competition law, law on protecting commercial secrets, criminal law in relation to personal identifiable information ("PII").

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Recently, the Market Supervision Bureau ("MSB") of Longwan District of Wenzhou City, Zhejiang Province, imposed an administrative punishment on a pharmaceutical company for commercial bribery.  The pharmaceutical company offered its VIP customers and some other key customers free trips to Sanya (a famous seaside resort in China).  This is the first commercial bribery case in pharmaceutical field in Wenzhou City since the implementation of the new Anti-Unfair Competition Law (an administrative law about bribery in China).

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Recently, the Market Supervision Bureau ("MSB") of Shanghai Qingpu District penalized a medical device distributor with a fine of RMB 50,000 (about US$ 7,200) because the distributor made a unique bribe to a "doctor" responsible for procurement of medical devices in a hospital in Nanjing City (a city about 270 kilometers away from Shanghai), Jiangsu Province.  The reason why the bribe is unique is that the bribe was not cash, but 2 bottles of famous luxurious liquor—Moutai.  The total value of the two liquors is about RMB 3,000 (about US$ 440).  

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On August 31st, 2018, after five years examination and debating, the E-commerce Law of the People's Republic of China ("E-commerce Law") was finally published.  It will come into effect on January 1st, 2019.  The E-commerce Law defines e-commerce business operators' duties to ensure their legitimate operation.  It also clarifies the e-commerce business operators' legal responsibilities to protect consumers' rights and personal information.  It is a heavy-duty milestone in e-commerce industry.




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On January 14, 2018, during the funeral of Mr. Ke's father, Mr. Ke received RMB 10,500 (US$1,500) of gift money (or condolence comfort money) from 25 colleagues and staff members of the bureau including RMB 500 (US$ 70) from Mr. Zhang.  Later then, both of Mr. Ke (the Deputy Director) and Mr. Zhang (the Director) were investigated for the gift money and were removed from the office.

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