12 January 2021
A curb on what personal information is necessary for your app – proposed rule by the Cyber Administration of China
www.twobirds.com/en/news/articles/2021/china/a-curb-on-what-personal-information-is-necessary-for-your-app

Currently, Article 41 of the PRC Cyber Security Law provides that personal information should only be collected if it is necessary. In the absence of judicial guidance, one of the challenges faced by app operators and ...

30 December 2020
Network connection and VPN - What MNCs need to learn for legally connecting headquarters, subsidiaries, branches and employees within or outside China?
www.twobirds.com/en/news/articles/2020/china/network-connection-and-vpn

A growing number of multi-national corporations ("MNCs") with multiple outlets or office locations across China will encounter a common issue of how to find a fast, secure and reliable way to share information and ...

10 November 2020
China Data Protection Update and Deep Dive (4): Accountability and breach notifications
www.twobirds.com/en/news/articles/2020/china/china-data-protection-update-and-deep-dive-accountability-and-breach-notifications

Accountability is a key concept under data protection regimes that refers to the obligations on a data controller to demonstrate compliance with applicable data protection requirements. What are the accountability ...

04 November 2020
China Draft Personal Information Protection Law: Deep Dive (3): Individual Rights
www.twobirds.com/en/news/articles/2020/china/china-draft-personal-information-protection-law-deep-dive-3-individual-rights

Consistent with international practice, the draft PRC Personal Information Protection Law ("Draft PI Protection Law") contains a comprehensive set of individual rights. In Part 3 of our four part series, we will explore ...

23 October 2020
China Data Protection Update: The First Draft of The Long-Awaited PRC Personal Information Protection Law released
www.twobirds.com/en/news/articles/2020/china/china-data-protection-update-the-first-draft-of-the-long-awaited-prc-personal-information-protection

The long-awaited draft of the Personal Information Protection Law of China (“Draft PI Protection Law”) was submitted for its first deliberation during the PRC National People’s Congress Standing Committee on 13 Oct ...

28 October 2020
China Data Protection Update and Deep Dive (1): Data sharing and cross-border data transfer rules under the Draft Personal Information Protection Law
www.twobirds.com/en/news/articles/2020/china/china-data-protection-update-and-deep-dive-1

The long-awaited draft of the Personal Information Protection Law of China (“Draft PI Protection Law”) was officially released for public consultation on 21 October 2020. In this article, which is the first of a series ...

27 March 2019
International Alignment: China removes three key mandatory obligations in its Technology Import Regulation
www.twobirds.com/en/news/articles/2019/china/international-alignment-china-removes-three-key-mandatory

On 18 March 2019, the State Council of China released the Administrative Order No.709 announcing amendments to the Regulation on the Administration of the Import and Export of Technologies ("TIER") with immediate effect.

14 March 2019
ISP Liability: China's internet court said Wechat is not obliged to disconnect portal to a Mini-Program upon notification of copyright infringing content
www.twobirds.com/en/news/articles/2019/china/isp-liability-chinas-internet-court-said-wechat-is-not-obliged-to-disconnect

In a recent decision issued by the Hangzhou Internet Court on 27 February 2019, the Court finds that Wechat is not liable for copyright infringing content uploaded to three Mini-Programs ran via its public account ...

06 July 2020
China's long awaited draft Data Security Law released - What does it cover (and not cover)?
www.twobirds.com/en/news/articles/2020/china/chinas-long-awaited-draft-data-security-law-released-what-does-it-cover-and-not-cover

At the 20th meeting of the 13th National People's Standing Committee held from 28th to 30th June 2020, the long-expected draft of the PRC Data Security Law ("Draft Data Security Law") received its first round of review ...

16 December 2020
Technology Transactions in China – Doing Deals in a Complex Legal Environment
www.twobirds.com/en/news/articles/2020/china/technology-transactions-in-china-doing-deals-in-a-complex-legal-environment

China’s regulation of technology transfer has been one of the central points of tension during the US-China trade negotiations, and has now mushroomed into a geopolitical issue. We take a look at the background to it ...