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Since October 21, 2020, China’s legislature has officially begun its public consultation process on the draft of Personal Information Protection Law.  With its passage in near future, it will function jointly with Cyber Security Law and Data Security Law (with its draft under legislative review) to regulate China’s online spheres in relation to cybersecurity and data governance and deal with the thorny issues present in personal data protection and uncertainties brought by new information technology and applications.  Hereinafter are some salient features of the draft law

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“Long-arm jurisdiction” in the US law enforcement becomes notorious in China.  It seems that everyone in China knows that the US government takes “shameless” liberty in imposing huge fines on Chinese companies and putting Chinese people into prison.  As such, Uncle Sam is viewed as Policeman on Pacific Ocean where no policeman is needed.  In relation to the “long-arm jurisdiction”, the new law provides for extraterritorial jurisdiction over any possible violations outside China.

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You may think it as retaliating or a reciprocal measure; China issued its Export Control Law to take effect from December 1, 2020.  The exporters or even their agents with the exports endangering China’s security or sovereignty will face administrative or criminal liabilities. As such, MNCs (and their agents) whose exported items could end up in military or “hostile” use should be mindful of this new law, which is seemingly the focus.  This new law is in the right tendency of granting meaningful credits for the efforts in compliance.  Those which have established a robust compliance management system shall have much convenience in exporting.

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On September 19th, 2020, China’s Ministry of Commerce issued the Regulation on the List of Unreliable Entities. This regulation seems to be a response by China to the recent Wechat and Tiktok ban. This regulation shows that the Chinese government, like the US government, is going to increase enforcement in export control and trade sanction areas. American businesses with significant exposure to the Chinese market should update their compliance system and take this new regulation into account. Because this piece of regulation has just come into effect, so far, there have been no entities added to the sanction list. 

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The Corporate Social Credit System is still under construction and needs to be adjusted, expanded and improved continuously. Therefore, the corporate should pay continuous attention to and accurately grasp the future development of the social credit system, closely observe the changes of the administrative department’s credit rating system and rating requirements, and carry out internal monitoring on the daily operation of the corporate to ensure that the corporate's behavior meets the credit rating requirements.

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“Operation Skynet” is an important operation deployed by the Central Anti-Corruption Coordination Group targeting fugitive corrupt elements. Through coordinating various efforts of the police, prosecution, diplomacy, finance, etc., the operation combines time and effort to “arrest a number of corrupt criminals, clean up a number of illegal certificates and licenses, cracked down on a number of underground banks, and recovered a number of assets involved”. In March 2015, the operation was officially approved and launched through by the Fugitive Repatriation and Asset Recovery Office of the Central Anti-Corruption Coordination Group.

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The purpose of establishing the system of “whistleblowers” is to strength the monitoring by the public opinions and hold back those who may go against law.  As such, the system shall provide heavy bounty and strict protections to the whistleblowers in relation to serious violations of laws and regulations and significant risks and loopholes.  The whistleblower system called for in the guidelines is not out of the blue and heavy bounty to whistleblowers is not unprecedented.  Certainly, there are Chinese companies falling down on the tips of whistleblowers. However, non-Chinese companies are seemingly more vulnerable to whistleblowing.

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130 Chinese headhunters were arrested following investigations into a headhunter research website “Lietou Sou”. Investigations by the special taskforce were sparked by a joint complaint filed to the Guangzhou police department by multiple internet companies. The website contained over 200 million pieces of illegally acquired personal information.

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