New Trends of Legal Regulation on Personal Information Protection in China and the Relevant Practical Measures

“Tele sales may be in jail”, “It is convenient for employees to conduct leave request procedure and check wages via APPs, but I was told there might be huge risk.” …… Recently, a series of laws, regulations, judicial interpretations related to the protection of personal information (hereinafter referred to “PI”) are released, and many news related to risks are reported,…

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Administrative Regulations for Special Tax Audit Adjustments and Mutual Agreement Procedures (“[2017] No.6”) has come into force on May 1, 2017

After the SAT has released the “Implementation Regulations for Special Tax Adjustments(Trail)” (“[2009] No.2”) in 2009, in order to furtherly regulate the related party transactions, and integrate with the international taxation policies, SAT has released several detailed rules. Recently, SAT releases the “[2017] No.6”, in which it has furtherly stipulated the special tax audit adjustments and mutual agreement procedures. Compared…

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Risk Prevention for Software Development Contracts

With the development of information technology, it is very normal for a company to appoint another company to develop software for operation, production or promotion, such as an official website, mobile APPs, management system software and so on. However, the disputes related to software development contracts raised accordingly. The main reason of these disputes has 2 aspects. Firstly, the commissioning…

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“Opinions on Further Enhancing the Mediation and Arbitration of Labor Disputes and Improving the Multi-Dimensional Mechanism for Dispute Resolution” (the “Opinions”) has been released on March 21, 2017

The Ministry of Human Resources and Social Security, the Central Public Security Comprehensive Management Commission, the Supreme People's Court, the Ministry of Justice, the Ministry of Finance, the All-China Federation of Trade Unions, the All-China Federation of Industry and Commerce and the China Enterprise Confederation/China Entrepreneurs Association jointly issued the "Opinions ". Although the "Opinion" shall not be directly applied…

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“Arrangement on Mutual Entrustment for Service of Investigation and Collection of Evidence in Civil and Commercial Cases between the Courts of the Mainland and the Hong Kong Special Administrative Region” (“Arrangement”) has come into force on March 1, 2017

The commercial cooperation between mainland China and Hong Kong becomes more frequently, and more and more disputes arise. In addition, many foreign companies tend to choose the courts in Hong Kong as the competent court, while dealing with the mainland companies. So the lawsuits’ problems involve mainland and Hong Kong is a matter of great concern. Previously, for the civil…

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Interim Measures for 7-day Unconditional Return of Online Purchased Goods (“Interim Measures”) will come into force as of 15 March 2017

To regulate the online market and protect the rights and interests of consumers, SAIC released the “Interim Measures”, which has further specified the “7-day Unconditional Return” policy as stipulated in Article 25 of the “Consumer Protection Law”. The main contents include: (1)To add 3 categories of goods which shall be excluded from the scope of the ”7-day Unconditional Return” policy…

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Provisions of the Supreme People’s Court on Several Issues concerning the Trial of Administrative Cases Involving the Authorization and Determination of Trademark Rights (“Provisions”) will come into force on 1 March, 2017

In order to apply a consistent judicial rule in dealing with those critical problems, which frequently raised in the trial of administrative cases involving the authorization and determination of trademark rights in the recent years, based on the “Opinions of the Supreme People’s Court on Several Issues concerning the Trial of Administrative Cases Involving the Authorization and Determination of Trademark…

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Provisions of the Supreme People’s Court on Several Issues Relating to Trial of Independent Letter of Guarantee Dispute Cases (the ‘Provisions’) has come into force on 1st Dec. 2016

With the frequent use of guarantee in the commercial transactions, the relevant disputes become more and more. Although the laws and international rules, such as the "Guarantee Law", and the "The Uniform Rules for Demand Guarantees" issued by the International Chamber of Commerce, could be applied in hearing the relevant cases. In the judicial practice, there are still many confusions…

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Provisions of the Supreme People’s Court on Several Issues Concerning Cases of Property Preservation Handled by People’s Courts (‘Provisions’) will be taken into force on 1st Dec. 2016

In these years, in order to solve the problems related to those people legally in debt, the people’s courts have taken many measures, such as the public disclosure system, the order on the restriction of high consumption, and so on. Recently, the Supreme People’s Court has released the ‘Provisions’, in which the procedures and methods in handling the property preservation…

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‘SAT Announcement on the Enhancement of Administration of Advance Pricing Arrangement(‘APA’)’ (‘Announcement’)will come into effect beginning on 1 Dec. 2016

Recently, SAT has specified the system and procedures of APA which has been stipulated in the ‘Notice of the State Administration of Taxation on Issuing the Measures for the Implementation of Special Tax Adjustments (for Trial Implementation)’ (GUO SHUI Fa[2009] No.2), the highlights are as follows: Adjust the stages of APA meeting The APA meeting consisted of 6 stages, pre-filing…

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