作者：金杜律师事务所 银行部
2014年9月3日，中国银监会与国家发改委、工信部及科技部共同下发了《关于应用安全可控信息技术加强银行业网络安全和信息化建设的指导意见》(银监发[2014]39号文，下称“39号文”)。作为落实39号文的实施细则，银监会办公厅随后又于2014年12月26日，与工信部办公厅共同印发了《银行业应用安全可控信息技术推进指南(2014-2015年度)》(银监办发[2014]317号文，下称“317号文”)。39号文和317号文(以下合称“银监会新规”)旨在加强我国银行业乃至金融行业的信息安全，并为银行设定了一系列相关任务和指标，从而也引发了各银行业金融机构对银监会新规的广泛关注。
Continue Reading 中国加强银行IT监管
King & Wood’s Intellectual Property Group
In recent years, the world has witnessed several milestone events signaling the arrival of a new generation of global internet companies. Apart from the much-hyped dawn of social media, there is a much broader trend taking place, one that has outgrown the traditional boundaries of the tech sector itself. “In short,” as Marc Andreessen wrote in a recent Wall Street Journal column, “software is eating the world.” As corresponding developments are happening in China, this new era has caused and will continue to cause dramatic implications on the monitoring and enforcement of intellectual property rights in the country. Continue Reading Enforcing Intellectual Property Rights in the Next Internet Era
By Li Jinnan and Jiang Hualiang, King & Wood’s Banking & Finance Practice
With the recent development of the service outsourcing industry, an increasing number of financial institutions (including banks, securities companies, insurance companies and fund management companies) use financial service outsourcing to reduce costs, enhance core competitiveness, and accomplish strategic goals. Financial institutions are able to benefit significantly from IT outsourcing, which is an important part of financial service outsourcing. At the same time, they must also confront the managing risks that are associated with IT outsourcing. Based on our past experience with counseling on IT outsourcing to financial institutions, the followings are the primary legal issues relating to the terms in and execution of IT outsourcing agreements, using banking institutions ("banks") as examples. The discussion will focus on how banks should manage potential risks from negotiating such an agreement.Continue Reading Legal Issues on IT Outsourcing of Financial Institutions