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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 Whistleblowing Rules encourages whistleblowing on a real name-basis.  In practice, the People’s Procuratorates must respond to real-name whistleblowing.  No matter if a whistleblowing is made anonymously or not, the People’s Procuratorates shall maintain the confidentiality of the whistleblowings and protect the interests and rights of whistleblowers.  



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The National Supervision Commission of China has the power of personnel interview, interrogation, inquiry, investigation, assets freezing, evidence review, sealing and impounding, searching, survey & examination, forensic recovery and examination as well as liuzhi.  The close translation of liuzhi or liu zhi (留置) could be compulsory detention, which however is not as exactly as the temporary deprivation of the freedom for administrative punishment or criminal procedure.  It is similar to notorious shuanggui or shuang gui (双规)



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For example, in May of 2015, the State Food and Drug Administration of China (“SFDA”) requested pharmaceutical enterprises to do a voluntary self-inspection of their clinical data regarding the drugs to be authorized.  Those who do not would face a more severe punishment.  One month later, 20% of 1622 applications were withdrawn.  It seems an open secret that every link of clinical trial is problematic and it is not surprising at all that clinical trial data could be falsified in a serious way.    


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Network service providers and operators, under the new law, have confidentiality of user information as their top priority and they are required to install protection systems for defending user information. Network operators is a wide umbrella term that includes companies that own networks, manage networks and provide network services. In addition, they are also required to provide “technical support and assistance” to government authorities when required. However, some has cast suspicion on this piece of legislation due to its ambiguity and harshness.    


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In the era of terrorism, cyber attacks, still existing corruption and other compliance risks, organization need more than ever effective compliance management systems.  They, however, face difficulties resulting  from social cultural and local differences when implementing compliance standards across the globe.  Our Congress serves as an exchange platform for delegates from business, academia, governments, international organizations, associations and more.  Let's sail this time in Hamburg together toward new approaches of cross border compliance & Integrity.

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Third party risk management is not a simple process of issuing a questionnaire at the time of on-boarding. Its an ongoing process that requires continual monitoring to ensure policies are being implemented as expected, training is taking place and that adverse actions, reports and incidents are immediately brought to the attention of the responsible in-house team.

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For some questions, there are no clear answers, for example, how to deal with the dilemma that a compliance bird eats nothing.  It seems to be a phenomenon that multinational companies would give up some business opportunities to make sure there is no violation or non-compliance of anti-bribery law, but there is a lot to do to make their businesses less under-competitive or more promising.


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Regarding the question if your company still sells drugs by giving kickbacks, there is surprisingly a large percentage of participants maintaining that their companies are still giving kickbacks.  Only a small percentage of participants said that their companies rather not dare to give kickbacks, while they maintained that there is no better way to market their products in keeping with the anti-bribery compliances.  There were participants stating that their companies do the marketing by introducing to their target audience the product characteristics, organizing academic activities and enhancing the after-sale services.    


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