Core Tip:
The “misleading sales” determined by financial regulatory authorities is not equivalent to “fraud” under civil law. People’s courts should review whether it constitutes “fraud” in accordance with the law, based on the specific circumstances of each case, the elements of fraud, and the standard of proof, rather than merely relying on the conclusion…
Following the release of the Guidelines for the Pilot Filing of Real Estate Private Investment Funds (Trial) (commonly referred to as “Circular No. 4”) by the Asset Management Association of China (AMAC) in February 2023, real estate funds have garnered significant attention in both private investment and insurance sectors. While real estate funds are not…
In today’s ever-changing digital ecosystem, the proliferation of false information and even malicious contents has emerged as one of the most pressing challenges to the cyberspace integrity. In recent years, China’s internet regulator and judicial authorities have put efforts in regulating and monitoring malicious network contents.
I. Administrative Approach & Latest Initiative
On April 15,…
On January 3, 2025, the Ministry of Public Security held a press conference in Beijing to report the results of the special crackdown on insurance fraud crimes jointly conducted by the Ministry of Public Security and the National Financial Regulatory Administration and announced ten typical cases. This special crackdown has launched more than 40 nationwide…
On January 23, 2025, the Anti-Monopoly and Anti-Unfair Competition Commission under China’s State Council officially released the PRC Anti-Monopoly Guidelines for the Pharmaceutical Sector (“the Pharmaceutical Guidelines”). From release of the draft for public comments on August 9, 2024, to its formal issuance on January 23, 2025, it took only around six months. The Pharmaceutical…
Tracey Tang and Art Dicker
Artificial intelligence has become a central pillar of China in its drive to become an advanced economy. The development of AI has enjoyed tremendous government support, benefitting from a large population and data collected in China through various digital platforms. As such, China has been at the forefront of adopting…
Abstract
This article analyses the definition, regulatory framework, and compliance challenges surrounding Sensitive Personal Information (SPI) under China’s Personal Information Protection Law (PIPL) and related standards. For enterprises, accurately identifying SPI within their data ecosystems is critical to the PIPL compliance efforts. Organisations must continually assess risks tied to data practices, particularly amid challenges posed…
On March 13, 2025, a set of regulations on tackling foreign-related intellectual property (“IP”) cases were issued by the State Council (the “New IP Regulations”)[1]. The New IP Regulations will take effect on May 1, 2025.
The New IP Regulations include 18 articles, which clarify that relevant government departments should (i) strengthen overseas IP information…
China’s Personal Information Protection Law (“PIPL”), enacted in 2021, establishes a structured regulatory framework for cross-border transfers of personal information (“PI”). Depending on the volume, sensitivity and context of PI being exported, exporters may face varying levels of compliance obligations. For instance, small-scale exports of non-sensitive PI may be exempt from formal applications to the…
As Chinese insurance companies expand their overseas operations, the frequency of insurance disputes in foreign jurisdictions has also increased. In addition to traditional litigations and institutional arbitrations, there are various alternative dispute resolution methods available for resolving international insurance disputes. One such method is arbitration under relevant rules of insurance industry association.
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