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China’s restrictions on cross-border transfer of personal information: an update on regulatory policy and practical implications

This article will outline the development of China’s restrictions on the cross-border transfer of personal information (PI export), detailing PI export mechanisms provided by the Personal Information Protection Law. It will also explain the practical implications of the restrictions.

Utilising Generative AI in Businesses: Risks and Best Practices

The rise in popularity of generative artificial intelligence (‘generative AI’) has ignited the discussion on whether junior employees can be replaced by it. Some have gone to the extent of questioning whether professionals, such as lawyers, can also be replaced by generative AI. Is it wise to replace junior employees or lawyers with generative AI? What factors should be considered before deploying generative AI tools in your business? To consider these questions, we first need to understand the basic workings of generative AI and what it can offer. Fundamentally, AI is intelligence that is not biological. The general understanding is that machines will be ascribed with this intelligence. These machines have the ability to interpret, learn from and process external data in a way that is similar to the capabilities of the human mind. Generative AI is a type of AI program that generates content from a data set. It uses deep learning, a type of machine learning system that behaves like a neural network to simulate the functions of a human brain. In other words, it can mimic human intelligence by exhibiting analytical skills to create new content. Not only can generative AI be utilised in chatbot programs to create text, but it can also be used in programs that can create images, sound or videos. This article will consider two major forms of generative AI, in the context of risks to businesses: chatbots using generative pre-trained transformer technology programs; and image generating programs.

The SEC’s tough stance on intermediary institutions: compliance and litigation risks

This article discusses the recent SEC case involving PwC and highlights the wider implications for intermediary institutions providing professional services in a tightened regulatory and enforcement regime in China’s banking and financial sector.

A Brief Discussion on the Implications, Regulation and Prospects of AI in Dispute Resolution Practice with a Focus on China

China's regulation of artificial intelligence – progress and challenges

Artificial intelligence (AI) is developing rapidly in China, with the number of patents and the size of the market both ranking highly among countries. However, this rapid development has posed new challenges to the legal framework, ethical norms and social governance, prompting China to continuously adjust and improve the relevant regulatory system.

Who Is A Friend? The Hong Kong Court of Final Appeal Delivers a Landmark Ruling

The Hong Kong Court of Final Appeal clarifies that who is considered a “friend” pursuant to the Prison Rules in respect of visitation rights for inmates awaiting trial and with the presumption of innocence, and whether a friend has to be someone with a personal or intimate relationship with the inmate.

Does an equity incentive fall within the scope of labour remuneration?

The prevailing view of the courts in China is that equity incentives are not a part of labour remuneration and such disputes are not subject to the procedural prerequisite of labour arbitration, while a few courts hold a different view. Phantom stock is more likely to be treated as part of remuneration due to its very nature, which is less contentious in practice.

Antitrust and the internet: is China different?

The article explains the differences in the Chinese antitrust regulator’s approach to regulating antitrust concerns in the digital market from the approach adopted by regulators in other jurisdictions, including the European Union

Alipay and the impact of e-payment systems resulting in new regulations in China and other jurisdictions - China Working Group

By Yi-An (Ann) Lai. Alipay and the impact of e-payment systems resulting in new regulations in China and other jurisdictions.

Cross-border Provision of Information under New Chinese Data Protection Legislation

Chinese enterprises and individuals have increasingly become involved in cross-border investigations in relation to extraterritorial enforcement activities or other activities for which provision of information is required by foreign entities. However, under the Chinese legal framework – especially the new 2021 Data Security Law – cross-border provision of information has become increasingly difficult. The provision of such requested information to an entity in a foreign jurisdiction may conflict with mandatory Chinese laws. This article first provides an overview of Chinese legislative framework under the new Data Security Law, the Personal Information Protection Law (PIPL) – both promulgated in 2021 – and the Cybersecurity Law. It includes reference to the definitions of ‘important data’ under the 2017 draft recommended national standard ‘Guidelines for Cross-Border Data Transfer Security Assessments’ and of ‘personal information’ under the PIPL, and the latest consultation on cross-border data transfer security assessment under the Cross-border Data Transfer Security Assessment Measures (Draft for Comment) issued on 29 October 2021. By reference to different scenarios in which a Chinese company or individual may be required by a foreign entity to provide information to it, it then discusses the requirements for evaluating whether any approval from Chinese competent authorities is required, and discusses the criteria for evaluating how, if permissible, the information could be transferred in compliance with Chinese data protection legislation.

China’s Foreign State Immunity Law 2023: Implications for Enforcement of Judgments and Arbitral Awards against States and State Entities in the People’s Republic of China, Hong Kong, and Macau

The new Foreign State Immunity Law 2023 of the People’s Republic of China came into force on 1 January 2024. This shifts the country (as well as its special administrative regions, Hong Kong and Macau) away from absolute state immunity to restrictive state immunity, bringing it more in line with the relatively prevalent practice among the international community. This article discusses the status of state immunity in public international law, analyses the new law’s provisions and examines practical challenges that will be faced by those seeking to utilise this law to enforce judgments or awards against foreign states and state entities, and the new law’s innovations that go beyond the United Nations Convention on Jurisdictional Immunities of States and Their Property of 2004 and the UK State Immunity Act 1978.

The Global Impact of the Covid-19 Pandemic on Commercial Dispute Resolution in the First Year

While the pandemic disruption has extended for far longer than initially expected, courts (after the first wave), arbitral institutions and stakeholders in commercial dispute resolution have largely continued operations, increasingly supported by innovative digital technology, flexible scheduling and flexible cost structures, among other tools.