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New Data Privacy Law Will Soon Take Effect in China

New Data Privacy Law Will Soon Take Effect in China

China’s new data privacy law, the Personal Information Protection Law (PIPL), was passed on Aug. 20 and will go into effect on Nov. 1. It’s the latest in a series of laws designed to protect the personal data of individuals and increase data security in China. Companies, especially multinationals, should make sure they are in compliance with the new law when it goes into effect. “The key takeaway of the Personal Information Protection Law is to lay out the comprehensive framework regarding how companies, both inside China and also outside of China—given its extraterritorial jurisdiction—should collect and process personal data, including also the cross-border transfer of data,” said Todd Liao, an attorney with Morgan Lewis in Shanghai. “It’s a comprehensive legal framework to regulate the processing and collection and cross-border transfer of personal information.”HR Included in New LawUnlike previous iterations of similar laws, Article 13 of the PIPL includes employees and HR management under the scope of protected personal information. This means personal information related to employment and HR, including compensation and performance review information, cannot be sent out of China unless it is anonymized or informed consent has been given by the employee. This has implications for companies that might have a parent company and an HR department based outside of China.”We’ve seen situations where clients are looking to put their regional HR outside of China,” said Lesli Ligorner, an attorney with Morgan Lewis in Beijing and Shanghai. “And now they’re actually thinking, because China is their biggest market with their biggest employee population, that they should put that person in China, because it’s easier to have that person review everything in China than to have that person be external to China.”One way companies can prepare for this change is to update their employee handbooks and consent forms to make sure informed consent is covered in these situations.PIPL vs. GDPRThe PIPL is similar to the General Data Protection Regulation (GDPR) in the European Union but differs in important ways. Like the GDPR, the PIPL has broad extraterritorial jurisdiction, so even companies with no presence in China could be affected by the new law if they are collecting data from people who are in China.”Some of the big differences is that GDPR is a little bit more forgiving, in that if the recipient country, for example, has a robust data protection regime, there is the ability to transfer the data without adding in additional protections,” Ligorner said. “China doesn’t have that. … If you are going to send data outside of China, that’s personal data and there are prerequisites before the transfer can legally take place.” One other difference is that the PIPL “doesn’t do a great deal in terms of restricting government access to information,” said Lester Ross, an attorney with WilmerHale in Beijing. “There are clear provisions which state that government departments cannot go beyond their bounds, but there are exceptions for public security and national security, which lack the requirements for warrants found in the United States or other …

China owed $385bn – including ‘hidden debt’ from poorer nations, says report

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ChinaChina owed $385bn – including ‘hidden debt’ from poorer nations, says reportAidData finds 42 low-to-middle income countries with ‘belt and road’ exposure exceeding 10% of GDP Helen Davidson in Taipei@ …

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Federal Reserve hints it will end pandemic stimulus programs

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Federal ReserveFederal Reserve hints it will end pandemic stimulus programs Fed chair says it could raise interest rates next year, as long as the Covid crisis is contained Dominic Rushe@ …

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What caused the UK’s energy crisis?

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Energy industryWhat caused the UK’s energy crisis?From moves by China and Russia to changes in UK regulation, these are the factors that created the perfect storm Jillian AmbroseTue 21 Sep 2021 01.00 EDTThe UK’s energy system has been plunged into chaos by a perfect storm of market forces which threatens to rip through the economy from home energy suppliers to heavy industry, and from factories to farmers.This has stoked fears that a wave of energy suppliers will collapse, and that households will be saddled with unaffordable bills. As the colder weather draws in, these are the factors shaping the energy crisis.China’s post-Covid bounce backChina’s appetite for energy is always a key driver of global market prices. In 2021 its post-Covid economic ramp-up has coincided with an uptick in demand across Asia and Europe too.As economies begin to recover from the fallout of the pandemic, countries across the northern hemisphere, which experienced a long, cold winter in 2020-21 that depleted gas storage levels, have been left scrabbling to secure supplies.Gas prices in the UK have more than quadrupled over the last year to highs of 180 pence per therm, from around 40p/th this time last year. In the last month alone, prices have climbed by 70%.Market experts at S&P Global Platts said earlier this year that China’s demand for gas was likely to rise ​​to 360 billion cubic metres (Bcm) this year, up 8.4% from an estimated 332 Bcm in 2020. To …

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Alibaba sexual assault case dropped as China police say ‘forcible indecency’ not a crime

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China Alibaba sexual assault case dropped as China police say ‘forcible indecency’ not a crime Manager accused of rape released after 15 days, the maximum punishment for someone who molests another     Helen Davidson in Taipei @heldavidson Tue 7 Sep 2021 02.00 EDT Last modified on Tue 7 Sep 2021 02.01 EDT   Prosecutors […]

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China’s Alibaba to invest billions by 2025 for ‘common prosperity’

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China’s Alibaba to invest billions by 2025 for ‘common prosperity’ Move comes on back of Beijing encouraging firms to share wealth as part of a drive to ease inequality China’s Alibaba Group will invest 100bn yuan ($15.5bn) by 2025 in support of “common prosperity”, it said, becoming the latest corporate giant to pledge support for […]

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Alibaba Rape Allegation Reveals China Tech’s Seamy Side

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Alibaba Rape Allegation Reveals China Tech’s Seamy Side

Sexually suggestive office games, boozy dinners and a culture of ignoring problems have long plagued the industry. Changing it will still be hard.

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Evergrande Went From China’s Biggest Developer to One of Its Worst Debtors

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Evergrande Went From China’s Biggest Developer to One of Its Worst Debtors

Regulators want to fix the property sector’s bad habit of borrowing too much. Evergrande, with its billions of dollars in debt, may stand in the way.

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Alibaba Suspends Executives After Rape Accusation

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Alibaba Suspends Executives After Rape Accusation

More than 4,000 employees have called for the e-commerce titan to take the allegations seriously.

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China's Parents Say For-Profit Tutoring Ban Helps Only the Rich

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Many families and experts say Beijing’s education overhaul will help the rich and make the system even more competitive for those who can barely afford it.

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