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By Susan Ning, Han Wu, Yangdi Zhao   King & Wood Mallesons’ Commercial & Regulatory group.

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China’s national legislature on March 15, 2017 passed the General Provisions of the Civil Law (the “General Provisions”), the opening chapter of a civil code planned to be enacted in 2020.  The General Provisions were adopted at the closing meeting of the annual session of the National People’s Congress (NPC), with 2,782 of the 2,838 deputies present voting in favor.  It takes effect on Oct 1, 2017.

Article 111 of the General Provisions[1] stipulates the rules for the protection of personal data, which is believed to be one of the highlights of the General Provisions.  The protection of personal data was first included in Article 109 of the Second Draft of the General Provisions of the Civil Law (the “Second Draft”)[2] on October 31, 2016, aiming to curb the prevalent illegal collection, processing and trading of personal data in the Internet era.  Article 109 of the Second Draft provides that “[T]he personal data of individuals is protected by law.  Entities and individuals are prohibited from collecting, utilizing, processing, transmitting personal data illegally or supplying, making public or selling personal data illegally.”
Continue Reading China’s Step Forward to Personal Data Protection

By Greg Golding and Natalie Caton. King & Wood Mallesons

golding_gcaton_nThe federal election interrupted a Senate inquiry into foreign bribery. The Australian Federal Police continue to investigate a number of allegations against Australian companies involving foreign bribery and the prosecutions in the Securency matter remain ongoing.

International efforts to combat foreign bribery continue with…

By Darren Roiser  King & Wood Mallesons’ London Office

Iakhtar_sn response to an unprecedented rise in the number of international sanctions and the increasing complexity of the restrictive measures imposed, recent years have seen corporates and financial institutions implement ever more advanced IT solutions to assist with sanctions compliance.

Indeed, enforcement authorities around the…

By Joshua Cole, Sharon Henrick, Michael Robert-Smith King&Wood Mallesons

cole_jhenrick_sIn this article we explore the First Conduct Rule in Hong Kong’s Competition Ordinance, focusing on its significance for companies preparing for implementation of the Ordinance.

Overview of the First Conduct Rule

The First Conduct Rule targets anti-competitive agreements, including serious or ‘hardcore’ coordination between competitors such as price-fixing, market allocation, output restriction or bid-rigging.

Hong Kong’s Competition Commission has indicated that it will be particularly focused on this type of conduct. The Chairperson of the Commission, Ms Anna Wu, has singled out price-fixing cartels as initial targets, stating that she is determined to tackle the “Big Tigers” of Hong Kong.
Continue Reading Hong Kong Competition Ordinance: First Conduct Rule

By King & Wood Mallesons’ International Dispute Resolution Group

In recent years, several large multinational pharmaceutical companies have been found to be in violation of the Anti-Unfair Competition Law. Compliance in the area of commercial bribery is increasingly a focus of the Chinese authorities. Most recently, pharmaceutical companies have been punished in China for commercial bribery. Not only the companies, but also individual employees who have violated Chinese law, are being charged and prosecuted.

The State Administration of Industry and Commerce, as well as the administrative agencies of industry and commerce at lower levels, are primarily responsible for the enforcement of the anti-commercial bribery laws. The focus has been enforcement of the Anti-Unfair Competition Law and the Interim Provisions on Prohibition of Commercial Bribery (“Interim Provisions”).
Continue Reading China Focuses on Bribery and Corruption in Multinational Companies

By King & Wood Mallesons’ Compliance Group

In order to strengthen the administration of pharmaceutical industry, to regulate the purchase of drugs, medical devices and medical disposables, to prohibit illegal transactions and to fight against commercial bribery, on December 25 the National Health and Family Planning Commission (the “NHFPC”) published the amended “Provisions on the Establishment of Commercial Bribery Blacklist in the Pharmaceutical Purchase and Sales Industries” issued by the former Ministry of Health on January 19, 2007. The New Provisions will come into effect on March 1st, 2014.
Continue Reading Summary of the “Provisions on the Establishment of Commercial Bribery Blacklist in the Pharmaceutical Purchase and Sales Industries”

By Liu Xiangwen, Monique Carroll and Zhu Yuanyuan King & Wood Mallesons’ Dispute Resolution Group

Much has been written on bribery and corruption in China, including the differences between criminal bribery and commercial bribery, and of course, the need for an effective compliance programme. However, foreign companies operating in certain complex or sensitive industries in China need to do more than instil an anti-corruption policy. What is needed is an in-depth understanding of the unique legal environment in their industries. This is because in some industries, particular conduct or business models permitted elsewhere, may be very sensitive and considered bribery or corruption. We recommend that companies operating in China adapt their compliance programme to account for industry specific regulations and sensitivities and undertake regular internal compliance audits as a check on the effectiveness of the compliance programme and to ensure that it remains up-to-date.
Continue Reading What does an Effective Anti-bribery and Corruption Programme Require?