By Liu Ting and Song Miao King & Wood Mallesons‘ Commercial & Regulatory group​

In accordance with the provisions of the Work Safety Law, where a production and business operation entity violates work safety rules, in addition to corresponding administrative penalties to be imposed on the entity, the directly responsible person in charge and other directly liable persons are also subject to administrative penalties. Meanwhile, for the crimes related to work safety in the Criminal Law of the PRC, i.e. the crime of negligently causing serious accident, the crime of major labor safety accident, the crime of failing to report or reporting false information about safety accident, the directly responsible person in charge and other directly liable persons of the production and business operation entity are those to be held accountable. So, how to determine the persons responsible for work safety in enterprises? 
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By Luo Ai, Tang Xiaojing King & Wood Mallesons’ Commercial & Regulatory group

On 1 August 2017, Guangdong High Court published the Explanation about Difficult Issues in Adjudicating Labor Disputes (“Explanation”). This is Guangdong High Court’s third judicial opinion on labor disputes since the Employment Contract Law’s entry into force in 2008. This Explanation consists of 23 sections, which can be divided into five groups:

Group I (sections 1 to 4): Determination of employment relationship. The keynote is “employment relationship shall not be generalized”. Diversification and liberalization of employment models are recognized. The characteristics and constituent elements of employment relationship are reiterated. The courts put emphasis on substance and respect the agreement of the parties.
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By Xue Han, Liu Keer, Xue Yingyuan King & Wood Mallesons‘ Corporate & Securities group

Against the backdrop of cyber security law, Updated privacy policies, do they live up to the hype?

Quite a few major internet giants in mainland China, apparently encouraged by regulatory authorities, have put in considerable efforts in recent months to update their privacy policies. It appears that the relevant regulatory authorities have completed assessing the updated policies. These updated policies are likely to be viewed as having a certain effect in setting a precedent or benchmark for personal data compliance in mainland China.
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By Dorothy MurrayLiu Haitao (Harry)Li Ronghui (Sam) King & Wood Mallesons

On 12 September 2017, China signed the Hague Convention on Choice-of-Court Agreements[1] (the “Hague Convention”), joining the EU (including the UK), Singapore, Mexico, the US and the Ukraine[2] in an international framework to promote international trade and investment by encouraging judicial cooperation in the field of jurisdiction and the recognition and enforcement of judgments.

The Hague Convention seeks to replicate for court judgments what the New York Convention of 1958[3] has (largely) achieved for international arbitration awards, allowing a winning party to have its “win” recognised quickly and easily around the world with limited grounds for challenges on enforcement.
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By Mark Schaub, Atticus Zhao and Jerry Wang King & Wood Mallesons’ Corporate & Securities group

Many countries recognize the significant road safety, economic and environmental benefits that automated driving technologies may bring. As a result the eventual roll-out of autonomous technology is awaited with great eagerness but before automated driving vehicles can be commercially launched they will need to undergo strict technical and road tests to ensure their safety.
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By Susan Ning, Wu Han, Li Huihui , Zhang Lejian King & Wood Mallesons’ Commercial & Regulatory group

Over two months has passed since the Cyber Security Law of the People’s Republic of China (Cyber Security Law), a fundamental law in cyber security, took effect. Such a short period of time saw numerous changes: in legislation, implementing regulations dealing with “personal information protection”, “security assessment of cross-border transfer of personal information and important data” and “protection of critical information infrastructure (CII)” are under formulation; in law enforcement, regulatory authorities are taking resolute efforts to implement the Cyber Security Law, with specialized law enforcement campaigns in various places. Meanwhile, conflicts among network operators arise among others, in relation to ownership of personal information and data owners. All circles of the society are focusing on development in regulations associated with the Cyber Security Law and in law enforcement.
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By Scott Budd, Shannon Etwell and Philip Pan King & Wood Mallesons

The increased level of financial risk within the major project, property and construction sectors has led to a spate of recent insolvencies. In such insolvencies, we are seeing government, regulators and other stakeholders, particularly subcontractors, taking a more active and aggressive role. For these reasons, it is becoming more important for financiers, owners, principals and contractors to manage counterparty insolvency risk as a key part of their project contingency plans.
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By Stuart Dixon-Smith and Scott Heezen   King & Wood Mallesons’ Sydney office.

A number of tax concessions are available for Australian investment vehicles that qualify as managed investment trusts (MITs) for tax purposes. These concessions are designed to encourage investment into Australia, particularly Australian real estate, by both resident and non-resident investors.

A trust must satisfy a number of requirements in order for it to qualify as a MIT and access these concessions.
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By Chang Junfeng, Gan Yulai and Deng Zhe King & Wood Mallesons’ Dispute Resolution group.

Is insider trading still under severe crackdown? 

Insider trading had always been the closely focused subject of the China Securities Regulatory Commission (the “CSRC”) in the recent years. In 2017, it became the top priority of the CSRC. According to the Bulletin of the China Securities Regulatory Commission Regarding Cases Handled in H1 2017, in the first half of 2017, the CSRC launched a total of 302 preliminary/formal investigations, 140 of which were new insider trading cases, making up 46% of the total number of investigations. Among these new insider trading cases, the CSRC initiated preliminary investigations into 104 of them and filed formal investigations into 36. In addition, on 7 July 2017, the CSRC issued the third batch of cases under investigation, with a heavy focus placed on insider trading.
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By He Fang King & Wood Mallesons’ Diapute Resolution group.

In today’s mobile internet era, social media channels such as Weibo and WeChat have become an essential tool in most enterprise companies’ marketing arsenals. However, enterprises often fail to pay enough attention to copyright issues when operating their official accounts. The 2016 White Paper on WeChat Intellectual Property Protection, released by Tencent, shows that there were more than 13,000 intellectual property complaints relating to WeChat during 2015, of which more than 40% were copyright-related[1].
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