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▪ China is to award whistleblowers heavily – foreign companies are more vulnerable t
▪ 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
 

On 24 April 2014, the Standing Committee of China’s National People’s Congress (“NPC”) promulgated the first comprehensive amendment to the Environmental Protection Law (“Amendments”) since the law came into effect nearly 25 years ago. The Amendments consolidate many existing environmental rules and increase the economic and legal liabilities of companies and their management for violation of environmental laws and regulations. The Amendments also call for companies and the government to disclose key environmental protection information.



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On May 14, 2014, Xinhua News Agency reported that Chinese police have concluded a 10-month investigation against GlaxoSmithKline (GSK) and uncovered evidence of “large-scale” bribery in Chinese hospitals and other medical institutions, with illegal income amounting to “billions of Chinese yuan.”  GlaxoSmithKline PLC is now the subject of an investigation by the United Kingdom's Serious Fraud Office, the company announced in a statement on May 27, 2014.

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Within a few days the ECJ recently released two game-changing decisions regarding internet providers and their customers: first it accepted that courts may obligate providers to block their customers’ access to internet sites with copyright infringements. And then it declared the European Data Retention Directive to be invalid. This directive committed providers to store traffic and location data of their customers.



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The State Council of China revised and issued the Regulations for the Supervision and Administration of Medical Devices on March 7, 2014.  The new regulations are going to take effect from June 1, 2014.  Previously, the old regulation defines Class III as the medical devices implanted into or pose potential risk to the human body -- Class III Medical Devices are those which are implanted into the human body, or used for life support or sustenance, or pose potential risk to the human body and thus must be strictly controlled in respect to safety and effectiveness.  The new regulations apparently abandoned this human body-related classification.



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On March 28, 2014, at the joint press conference of the State Food & Drug Administration and the Ministry of Public Securities, the concerned governmental official of the Ministry of Public Securities confirmed that China is going to set the Investigative Bureau on Violations of Food and Drug Laws (食品侦查) to protect the “safety at the tip of tongues” (舌尖上的安全).  The police force on food and drug safety will be focusing on cracking down on the manufacturing and sale of fake food and drug.    



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Blacklisting is not contagious between parent and subsidiary companies.  In other words, if a parent company is blacklisted, its subsidiary company would not be blacklisted just because its parent company being blacklisted, and vice versa.  The businesses that manufacture, distribute and sell pharmaceuticals and medical devices should consider dispersing their compliance risks – do not use one business to sell all of their products.  In other words, don’t put all of the medical “eggs” into one blacklisted “basket”.



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It is a crime in China, specifically the crime of giving bribes to a unit, to give the property or money (such as giving rebates) to xiaojinku (i.e., coffer) of SOEs.  The crime is unique compared with the offences under the FCPA.  For example, the FCPA prohibits payments to foreign officials, not to foreign governments (Page 20 of A Resource Guide to the U.S. Foreign Corrupt Practices Act).  However, with the mentality under the FCPA to make some payments (such as rebates) to Chinese SOEs such as Chinese State-owned hospitals (which are regarded as foreign governments under the FCPA), a business could find themselves meeting some troubles unexpectedly, and the troubles could be as bad as criminal implication.



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The new Directive provides a number of fundamental legal rights for consumers in order to ensure a high level of consumer protection throughout the EU. Some types of contracts are excluded from the provisions of this Directive. One exception for example is the field of online gambling. Further exceptions apply to the right of withdrawal for contracts about goods made to the consumers specifications and perishable goods.

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