[vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”full_width” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern” padding_top=”50″][vc_column][vc_column_text]<\/p>\n
[\/vc_column_text][vc_column_text]The State Administration for Market Regulation and the Cyberspace Administration of China (\u201cCAC\u201d) issued\u00a0the Announcement on the Implementation of Certification for Personal Information Protection (\u201cAnnouncement\u201d) on\u00a0November 4, 2022, which makes the current legal framework of data compliance more complete.<\/p>\n
Till now, there are mainly three laws in respect of data protection, which are Personal Information Protection Law (\u201cPIPL\u201d), Cybersecurity Law and Data Security Law. According to the PIPL, where a personal information handler needs to provide personal information outside the territory of the PRC, it shall at least meet one of the following conditions:<\/p>\n
(i) pass the security evaluation organized by the CAC;<\/p>\n
(ii) be certified by a specialized institution for protection of personal information;\u00a0<\/strong><\/p>\n (iii) enter into a contract with the overseas recipient under the standard contract formulated by the CAC. 1<\/sup><\/p>\n The recent Announcement thus serves as a further explanatory document of PIPL, specifying the procedure of the certification. Upon application\/assessment, the specialized institution will issue a certification certificate to the enterprise qualified and the principal rules regarding\u00a0certification certificates<\/strong>\u00a0are as follows: 2<\/sup><\/p>\n <\/p>\n Validity & Maintenance<\/strong><\/p>\n Change formalities<\/strong><\/p>\n Deregistration, suspension and revocation<\/strong><\/p>\n <\/p>\n Currently, only condition (i) is implemented according to the newly released\u00a0Security Assessment Measures for Outbound Data Transfers (effective from September 1, 2022) and Guide to Applications for Security Assessment of Outbound Data Transfers (First Edition) (effective from August 31, 2022). For (ii) and (iii), the list of specialized institution and the model of standard contract have not been announced by relevant authorities yet, and thus it needs to wait for the issuance of more concrete legislation.<\/p>\n (<\/u>http:\/\/www.cac.gov.cn\/2022-11\/18\/c_1670399936658129.htm<\/a>)<\/u><\/p>\n <\/p>\n [\/vc_column_text][vc_separator type=”transparent” thickness=”50″][\/vc_column][\/vc_row][vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”full_width” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column][vc_column_text]<\/p>\n [\/vc_column_text][vc_column_text]The Supreme People\u2019s Court issued on November 14, 2022\u00a0the Provisions on Several Issues Concerning the Jurisdiction of Foreign-related Civil and Commercial Cases (\u201cProvisions\u201d), to be effective from January 1, 2023.<\/p>\n According to the Provisions, the following level of court has the authority to hear foreign-related cases of first instance: 3<\/sup><\/p>\n District-level Court\u00a0<\/strong> Intermediate-level court<\/strong> High-level court<\/strong> District-level Court\u00a0<\/strong> Intermediate-level court<\/strong> High-level court<\/strong> <\/p>\n The major change in the Provisions is to increase the minimum amounts of dispute for cases subject to intermediate-level court\/high-level court, as well as to unify the different minimum amounts stipulated in scattered rules in different cities.<\/p>\n (https:\/\/www.court.gov.cn\/zixun-xiangqing-379181.html<\/a>)<\/p>\n\n
\n
\n
\n\n
2. FDI: Jurisdiction over Foreign-related Civil and Commercial Cases Further Clarified<\/h3>\n
Beijing, Shanghai, Jiangsu, Zhejiang,Guangdong,Tianjin, Fujian,Shandong, Chongqing<\/strong><\/h3>\n
\namounts in dispute\uff1c RMB 40 million<\/p>\n
\n40 million \u2264 amounts in dispute\uff1cRMB 5 billion
\nComplicated circumstances, multiple litigants or cases that have significant influence in the jurisdiction concerned.<\/p>\n
\n5 billion\u2264 amounts in dispute
\nCases that have significant influence in the jurisdiction concerned.<\/p><\/blockquote>\nOther cities<\/strong><\/h3>\n
\namounts in dispute\uff1c RMB 20 million<\/p>\n
\n20 million \u2264 amounts in dispute\uff1cRMB 5 billion
\nComplicated circumstances, multiple litigants or cases that have significant influence in the jurisdiction concerned.<\/p>\n
\n5 billion\u2264 amounts in dispute
\nCases that have significant influence in the jurisdiction concerned.<\/p><\/blockquote>\n