A Guide to Choosing Governing Law and Dispute Resolution for China Commercial Contracts
Taking legal actions with respect to a contract dispute in an international transaction, where the counterparty resides in a different jurisdiction, can be challenging due to differences in law, judicial procedure, and enforcement of judgments....
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Will China’s New App Registration Rule Shutout Foreign Apps?
On July 21, 2023, the Ministry of Industry and Information Technology (工业和信息化部) (MIIT) launched the Notice on Conducting Registration for Mobile Internet Applications (关于开展移动互联网应用程序备案工作的通知), pursuant to which the providers of applications that engage in internet...
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China’s Approach to Regulating Artificial Intelligence
On July 10, 2023, the Cyberspace Administration of China, also known as the State Internet Information Office (国家互联网信息办公室), released the Interim Administrative Measures of Generative Artificial Intelligence Services (生成式人工智能服务管理暂行办法) (the “Generative AI Measures”). The Generative...
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China’s Foreign Ownership Restrictions and the VIE Structure
Foreign investment in the People’s Republic of China (the “PRC”) is either restricted or prohibited in several industries such as the telecommunications industry, which includes most internet focused businesses. The primary regulation with respect to...
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Security Assessment for Cross-Border Data Transfer
On July 7, 2022, the Cyberspace Administration of China (国家互联网信息办公室)(“CAC”) released the final version of the Cross-Border Data Transfer Security Assessment Measures (数据出境安全评估办法) (the “Security Assessment Measures”). The Security Assessment Measures set forth requirements for...
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Standard Contract for Cross-Border Transfers of Personal Information
On June 30, 2022, the Cyberspace Administration of China (国家互联网信息办公室)(“CAC”) released draft Personal Information Cross-Border Transfer Standard Contract Provisions (个人信息出境标准合同规定) (the “Draft Standard Contract Provisions”) together with the form standard contract (the “Standard Contract”) for...
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Cross-Border Personal Information Processing Security Certification Specifications
On June 24, 2022, the Secretary of the National Information Security Standard Technology Committee (全国信息安全标准化技术委员会秘书处) issued Cross-Border Personal Information Processing Security Certification Specifications (个人信息跨境处理活动安全认证规范) (“Certification Specifications”), which provide practical guidance on professional agency certification approaches...
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China Proposes an Initiative to Guide Compliant Issuances of Non-Fungible Tokens
On April 13, 2022, the National Internet Finance Association of China (中国互联网金融协会), the China Banking Association (中国银行业协会) and the Securities Association of China (中国证券业协会) jointly issued an Initiative on Preventing the Financial Risk of Non-Fungible...
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Implementing China’s Personal Information Protection Law
On August 20, 2021, the Standing Committee of the National People’s Congress (全国人大常务委员会) (the “Standing Committee”) issued the Personal Information Protection Law of the People’s Republic of China (个人信息保护法) (“PIPL”), which became effective on November...
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