As usual, we have published our regular monthly roundup of key items for general counsel, GC Agenda China (see Article, GC Agenda China: July 2017) and separate legal updates for important legal and practical developments in this month (see Legal updates) and have updated a number of materials in the light of recent developments (see Maintenance).
New content
IP & IT
We have published Standard document, General counsel briefing: data protection in China.This standard document is an example of a high-level memorandum to a general counsel, outlining the key issues in data protection laws, the need for a company-wide programme addressing these issues and what such a programme needs to include.
We have also published Article, Petya attack calls for emergency plan: what should Chinese companies do?. This article introduces the structure and key provisions of the 2017 Cybersecurity Emergency Response Plan, and summarises the principal legal obligations of companies in preventing and responding to cybersecurity incidents under the 2016 Cybersecurity Law and relevant implementing legislation. It also provides companies with recommended steps that may be taken to respond to a cybersecurity incident at an early stage and the ways to reduce cybersecurity compliance risks.
Foreign direct investment
We have published Article, 2017 foreign investment catalogue: the debut of nationwide negative list in China. This article demystifies the new foreign investment catalogue that took effect in China on 28 July 2017. The new catalogue cuts 30 restrictive measures to foreign investors and opens up new market opportunities. The new catalogue introduces the first nationwide negative list for foreign investment by combining all restrictive measures under the "encouraged", "restricted" and "prohibited" categories into one section titled "special management measures". This negative list helps foreign investors to determine whether an investment project will be subject to the traditional MOFCOM examination and approval procedure, or instead will be governed by the new FIE record-filing regime.
We have also published Article, Investment in Chinese private education: opportunities and challenges. This is an article to introduce the regulatory changes to law on private education in China. The article discusses the new dual-track registration approach for private schools, new special requirements imposed on for-profit private schools and the challenges yet to be resolved for foreign investors in this sector.
GC Agenda China: July
This month's issue is now out. GC Agenda provides practical, specific and actionable advice on key issues for GC covering China. GC Agenda China is also a useful reference point for external counsel who needs an overview of the main developments outside their own practice area.
This month, we have updated a number of resources (including bilingual content) in areas including anti-bribery and anti-corruption, commercial contracts and boiler plate, employment and benefits and IP & IT.