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

untitledThe Cyberspace Administration of China (“CAC”) announced on 2 May 2017 the Measures for Security Review of Network Products and Services (Tentative) (the “Review Measures”), which will be formally implemented from 1 June 2017. The 16 articles of the Review Measures set up an institutional framework for the security review of network products and services. This is an integral part of the whole cybersecurity regime established by the Cybersecurity Law of the People’s Republic of China (the “Cybersecurity Law”). The Review Measures represents a further step and makes improvements to the CAC’s Measures for Security Review of Network Products and Services (Draft Review Measures) (the “Draft Review Measures”) which was released on 4 February 2017. This article will canvas the main provisions of the security review system for network products and services, the highlights of the Review Measures and the issues to be addressed, to provide guidance to companies in terms of cybersecurity compliance.
Continue Reading Building an Institutional Framework for Cyber Security Review — Understanding the Measures for Security Review of Network Products and Services (Tentative)

By King & Wood Mallesons

King & Wood Mallesons (KWM) has advised Hong Yang Group Company Limited (Hong Yang) as their US, HK and PRC counsels on its offering of US$250 million 7.875% guaranteed senior notes due 2020. It is the debut international bond offering by Hong Yang and also the first bond transaction in which one global law firm provides legal advice under US, HK and PRC laws. 
Continue Reading King & Wood Mallesons leads the way in high yield issuances in Hong Kong

By Max Bonnell, Ruimin Gao and Erin Eckhoff  King & Wood Mallesons’ Sydney office.

bonnell_mChina’s Belt and Road Initiative is a visionary policy that aims to connect over 60 countries in Asia, Europe and Africa along five main routes of the Silk Road Economic Belt and 21st Century Maritime Silk Road. Affecting a total population of some 4.4 billion (approximately 63% of the world’s population) and generating an aggregate GDP of over USD20 trillion (approximately 30% of global GDP), it is an ambitious framework that is projected to see significant numbers of infrastructure and other projects set up under its auspices. However, with such strikingly ambitious vision comes unchartered risks.
Continue Reading Managing Risk along the Belt and Road of Opportunity

This article was written by King & Wood Mallesons’ Labor law group.
jiang_junluliang_lindaxu_xiaodan

On 24 April, 2017, the Beijing Higher People’s Court and the Beijing Employment and Labour Arbitration Commission jointly issued a document entitled Answers to Questions of Law Application in the Handling of Employment Disputes (the “Answers”), referred to as “Meeting Minutes 3” when it was being drafted and discussed. Attacking controversial issues head on, the ambitious Answers aims to harmonize rules applicable to difficult disputes, and was given high expectations at the outset.
Continue Reading Summary of Beijing Authorities’ Answers to Questions of Law Application in the Handling of Employment Disputes (Part One)

By Susan Ning, Wu Han, Yang Nan King & Wood Mallesons’ Commercial & Regulatory group.

ning_susanThe Provisions on the Management of Internet News Services[1] (the “Provisions”) were released by the Cyberspace Administration of China (“CAC”) on 2 May 2017. Issued jointly by the State Council Information Office (“SCIO”) and the Ministry of Information Industry, the Provisions replace the previous provisions from 2005 (the “2005 Provisions”). They establish a brand-new regulatory framework and approach in response to the development of the Internet over the last decade, responding to the growth of self-media and diversified means of communication. The Provisions are expected to open up a new era of Internet news regulation in China.
Continue Reading Ushering in a New Era of Internet News Regulation

By Susan Ning, Wu Han, Chen Shengnan, Li Huihui King & Wood Mallesons’ Commercial & Regulatory group.

ning_susanOn May 2, 2017, the Cyberspace Administration of China (“CAC”) successively published on its official website the Measures for Security Review of Network Products and Services (Tentative) (the “Review Measures”), the Provisions on the Administration of Internet News Information Services (the “Administrative Provisions”) and the Procedural Regulations for Administrative Law Enforcement Concerning Internet Information Content Management (the “Procedural Regulations”). Following our earlier writings about the Review Measures and the Administrative Provisions, this article focuses on the main features and content of the Procedural Regulations. 
Continue Reading Strong Basis for Regulatory Enforcement

By Vanessa Docherty and Emma Burrell King & Wood Mallesons’ London office.

docherty_vFrom 7 September 2017, UK branches of Chinese banks must introduce internal policies to protect whistleblowers. In this update, we explain what changes will apply and what actions banks need to take.

Why are these changes being implemented?

In October 2015, the Financial Conduct Authority and the Prudential Regulatory Authority (the “UK Regulators”) required UK subsidiaries of banks and insurers to introduce internal procedures to protect whistleblowers.
Continue Reading Policies to protect whistleblowers in UK branches of Chinese banks

By Xu Xiaodan King & Wood Mallesons’ Commercial & Regulatory group

xu_xiaodanAnswers to Questions on Trial of Labor Disputes (IV) (“Answers (IV)”] was released by the Zhejiang High People’s Court and the Labor Disputes Arbitration Commission of Zhejiang Province on 30 December 2016. These clarify some common questions about judicial practice and existing rules. The following questions arise:

Is an employee entitled to double his salary if statutory clauses are not included in his employment contract?

Pursuant to Answers (IV), if an employment contract omits statutory clauses (such as employment duration, job duties, remuneration, labour protection, working conditions) but there is a genuine intention for the parties (employer and employee) to establish an employment relationship, the contract is likely to be deemed valid. The employee’s claim for double his salary will not be supported. In this situation, the parties can negotiate any omissions in the contract. Failing this, relevant provisions from collective contracts (if any), laws and regulations can be applied.
Continue Reading Latest Judicial Guidance on Labor Disputes in Zhejiang Province

By Lucy Lu, Ding Wu  King & Wood Mallesons’ Commercial & Regulatory group

陆慧文At the end of 2015, the Administrative Examination and Approval Reform Office of the State Council decided to integrate the Employment Permit for Foreigners (issued by the Ministry of Human Resources and Social Security) and the Foreign Expert Work Permit (issued by the State Administration of Foreign Experts Affairs) into the Foreigner’s Work Permit in China. This new policy has been implemented nationwide since 1 April 2017. Being more than just a simple combination of permits, the “Two-in-One License” reform realizes the unified management of foreigner’s employment in China. Below are highlights of the new policy.

Unification of the Certificate Name 
Continue Reading New Policy on Foreigner’s Employment in China

By Michael Swinson and James Patto. King & Wood Mallesons’ Melbourne office.

捕获Earlier this year, after several frustrated efforts, Australia finally passed new mandatory data breach notification laws in the form of the Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth) (which will come into effect on or before 22 February 2018).

While much has already been written about the Act, there is still a degree of uncertainty as to how the new regime may play out in practice. In this article, we aim to guide readers through the practical application of the laws by reference to a number of hypothetical fact scenarios and, in the course of doing so, provide some practical compliance tips.
Continue Reading Confessing your data breach sins