Localization is the adaptation of a product or service to meet the needs of a particular language, culture or desired population's "look-and-feel." A successfully localized service or product is one that appears to have been developed within the local culture. There is no better way to achieve such a goal than hiring local talents to do it for you. But this also carries certain risks, because they may bring along unique local corrupt practices of 'greasing the wheels of business'. In this sense, multinationals must also retain localized compliance personnel to nip it in the bud for regulatory purposes
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Because of the popularity of shopping online, regulating e-commercial world has taken centre stage from the viewpoint of the Chinese government. The case below is a reminder on what could happen if compliance had not kept pace with regulatory development.
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China’s General Administration for Market Regulation released a document titled ‘Administrative Measures on Internet Advertising - Draft for Public Comment’ (hereinafter as the ‘Measures’) in order to rein in Internet commercials with the potential of changing the dynamics of the online market. The Measures require that Internet advertisements be identifiable enough for the consumers to identify as such. The promotion of commodities and services through the Internet in the form of bidding ranking, news reports, experience sharing, consumption assessment, or other forms of attached shopping links shall be clearly marked as "advertisements".
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On August 20, 2021, the Chinese legislature passed the Personal Information Protection Law (“PIPL”). Consisting of eight chapters and 74 articles, the PIPL provides comprehensive provisions that give stronger legal assurance in the realm of privacy protection. These provisions include rules on the scope of application and personal information processing, on cross-border transmission, subject persons' rights in processing activities, personal information processors' obligations, as well as on regulatory authorities and penalties.
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The Regulation on Security and Protection of Critical Information Infrastructure was promulgated on April 27 and is to enter into force as of September 1, 2021. As usual, we may get panic once again. However, before getting panic, we should get to know if the Regulation would be applicable to us. From the name of the Regulation, we should check if our company could fall within the category of critical information infrastructure.
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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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