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▪ Data must stay in China to get tiered protection under Cyber Security Law
▪ China is to fast-track law-making in autonomous driving
▪ 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
▪ Payments to the Coffer of SOEs Are Bribes
▪ The European Directive on Consumer Rights
▪ China's New Labour Dispatch Regulations
▪ Investigate investigators
▪ Investigate deeply, thoroughly and Concretely
▪ More Staff to Do Antitrust Investigation in China
▪ New Law on Safe Production of Food
▪ China to Blacklist Bribing Sellers of Drugs and Medical Devices
 
By Henry Chen | Sat,26 Jan 2019 18:00:43
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.  Tiered protection (“TP”) is a mechanism that is both obligation and privilege.  To be certified under TP, you would have prima facie evidence that your network system meets the basic safety requirements under the CSL. 


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By Henry Chen | Thu,24 Jan 2019 23:39:32

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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By Henry Chen | Wed,28 Nov 2018 23:07:36
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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By Henry Chen | Wed,17 Oct 2018 10:49:45
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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By Henry Chen | Sun,30 Sep 2018 22:37:44
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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By Henry Chen | Thu,20 Sep 2018 08:52:58

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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By Henry Chen | Mon,17 Sep 2018 20:42:17
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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By Ai Ping BAO | Mon,10 Sep 2018 16:43:07

Recently a domestic move titled Dying to Survive(《我不是药神》) has attracted a lot of attention in China, including that of our Premier Li Keqiang.  Premier Li instructed that relevant measures should be adopted for purposes of reducing the prices of and keeping the supplying of the anti-cancer drugs as soon as practicable.


It is said that the movie indirectly targets the dominant pharmaceutical companies, which seem to enjoy the intellectual property rights of the concerned anti-cancer drugs, sell these drugs at "excessive price" which the patients cannot afford financially. 



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