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▪ China kicked off the 1st national security review on DiDi
▪ Non-prosecution for compliance under ISO 37301 - Dentons lawyers take the world’s
▪ China’s Data Security Law is anything but frightening
▪ Alibaba fined USD 2.68 billion for abusing dominant market position in China
▪ China’s new “Blocking Statute” and the concerns it raised
▪ Survey result: how is bribery risk managed in China?
▪ China’s Administrative Punishment Law awards meaningful credits for compliance eff
▪ Salon | How Would the Sanction on Pompeo and Blocking Measures Impact Foreign Comp
▪ Fees to speakers: academic exchange or commercial bribery
▪ China’s Personal Information Protection Law (2)
▪ China’s Personal Information Protection Law (1)
▪ Reading Into China’s Export Control Law
▪ English Translation of Export Control Law of China
▪ China Issued Its List of Unreliable Entities
▪ 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
▪ Classified Protection Under China's 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
 
The Chinese government has shown great willingness in recent years to regulate China's technology sector.  Issues ranging from data security to privacy to antitrust have been put on center stage.  To be compliant in such a setting requires a great deal of foresight.  Companies who have business operations in China should keep up to date with the current regulatory development.  Risks can be managed only when one is not complacent.

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Cyberspace Security Review Office announced to carry out cyberspace security review on DiDi in accordance with the Measures for Cyberspace Security Review, in order to prevent national data security risks, safeguard national security and protect public interests.  As a result, DiDi was requested to stop the registration of new users during the review period.  It is the first time that China kicked off the first national security review.


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In 2020, China’s Supreme People’s Prosecuting Institute (SPPI) launched their “non-prosecution for compliance” program to protect enterprises’ interests, rights, and to facilitate operations in accordance with the law. Under this program , private businesses can be exempt from criminal liabilities for a number of minor crimes, as long as the business takes certain remedial measures and establish a compliance management system.

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The law does not provide “don’ts” or prohibitive compliance obligations (like GDPR or the Law on the Protection of Personal Information does): you must not obtain personal information without the consent of the data owners or some prohibitive provisions.  The major difference between “don’ts” and “dos” is that “don’ts” provide bottom lines, violation of which is then punishable, but “dos” provide some things nice to have or to prevent bottom lines from being broken.  Short of “don’ts”, the law is not like a teeth-biting law – it is like policy-law.



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Since 2015, Alibaba has abused its dominant market position by imposing a compulsory condition "either Alibaba or no service" requirement on merchants on its platforms. With the help of its market strength, platform rules, data, algorithms and other technical means, Alibaba Group utilized a variety of reward and punishment measures to guarantee the implementation of the requirement, maintain and enhance its own market power, and gain unfair competitive advantages.



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Drawing inspiration from European Union’s legal practice, China has created a similar legal regime for counteracting the impact of foreign sanctions on Chinese persons. Only Chinese persons or entities could be subject to the injunction and prohibited from complying with foreign regulations identified by the “working mechanism.” The Chinese rule creates a private right of action for Chinese persons or entities to seek civil remedies in Chinese courts from anyone who complies with prohibited extraterritorial measures, unless the State Council has granted an exemption to the prohibition order.  



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To write the book Bribery Risk Management in China, we did a survey about how bribery risk is managed in China from March 22 to September 19, 2020.  There were 400 participants taking part in the survey.  Some survey result is surprisingly interesting.  Regarding "how many times has your company experienced the risk of making bribes”, 39% selected 10 times or more; 32% selected once.  It is quite surprising that about 40% selected 10 times and the selection of another 1/3 is as low as once.


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If the party concerned has sufficient evidence to prove that there is no mens rea, no administrative penalty shall be imposed. Where there are other provisions in laws and administrative regulations, such provisions shall prevail. This article is of great significance to the compliance management.  It can be said that the Administrative Punishment Law has brought brand new compliance credits to the great efforts for compliance management.



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