How to Implement Personal Information Protection Law in HR Scenarios

By Wang Hongliang

From 1 November 2021 when the Personal Information Protection Law takeseffect, the employer will be confronted with a conflict between protection ofthe employee’s personal information and the employer’s management rights.The Employment Contract Law gives the employer the right to "know theemployee’s basic information directly related to the employment contract".However, after the Personal Information Protection Law is taken into action,the employer should certainly comply with this law in its exercise of such rightto “know” the employee’s information and cannot "know" whatever they wantabout the employee’s personal information..................More 

For Original Drug Manufacturers 丨 How to React to the Early DrugDispute Resolution Mechanism

By Hu Hongfang

On 4 July 2021, CDA and CIPO jointly made an announcement on the(Provisional) Rules on Implementation of the Early Drug Patent DisputeResolution Mechanism followed by the publication of the Regulations of theSupreme People’s Court on Several Issues Concerning Applicable Law onDealing with Civil Cases of Patent Rights in Drugs and the AdministrativeDecision Making Rules under the Early Drug Patent Dispute Mechanism. Thismarks the completion of the Chinese drug patent linkage system, which willhave a significant influence on both original and generic drug manufacturers.Haste market launch of generic drugs with their techniques covered up and alack of motivation to break original drug patent bubbles are to be resolved atan early stage. This article looks at different approaches to these issues fromthe angle of original drug manufacturers......................More 

1.Notice on Rectifying Virtual Currency “Mining”

Promulgated by eleven departments including NDRC

Promulgation date: 24 September 2021
Document number: FGYX 2021 No.1283

Based on the general principles of “close monitoring, strict risk control, no increase in currentamounts and appropriate handling of current projects”, the Notice requires strengthenedregulation of the complete industry chain in upper and lower streams of virtual currency “mining”,no new virtual currency mining projects, quicker orderly withdrawal from current projects,improvement of the industry structure and help to achieve the aims to halt the rise of andneutralize carbon emissions. The Notice gives three tasks including comprehensive review andexamination of virtual currency mining projects and strict bans on investing and developing newprojects, which are divided into specific measures to review and examine current projects andstrengthen dual energy consumption control of new virtual currency mining projects. The Noticeclearly put virtual currency mining on the list of eliminated industries and strictly bans doingvirtual currency mining in the name of a data center.

(Source: Website of NDRC)

https://www.ndrc.gov.cn/xxgk/zcfb/tz/202109/t20210924_1297474.html?code=&state=123

2. Notice on Further Preventing and Handling Speculation Risks in Sale and Purchasing of VirtualCurrency

Promulgated by the People’s Bank of China, etc.

Promulgation date: 24 September 2021

The Notice notes that virtual currency issued by no authority, using encryption, distributedaccount or similar technology or in a digital form, such as bitcoins and ethereum, including USDT,which are said to be stable, has no legal status of legal currency and could not be money incirculation. The Notice clearly states virtual currency related activities of exchanging virtualcurrency, purchasing and selling virtual currency as the central counter party, acting as go-between for virtual currency dealings, issuing and raising coins and selling and buying virtualcurrency derivative products as well as online services of overseas virtual currency exchangesprovided to people living in China are illegal financial activities and strictly banned. Accordingly,the Notice sets out three measures including “the daily work mechanism to coordinate differentdepartments and link central and local authorities”.

(Source: Website of the People’s Bank of China)

http://www.pbc.gov.cn/tiaofasi/144941/3581332/4348658/index.html

3. Notice on Amending Definitions of First Trials of Civil Cases that Intermediate People’s CourtsHave Jurisdiction Over

Promulgated by the Supreme People’s Court

Promulgation date: 24 September 2021

Implementation date: 1 October 2021

Document number: FF [2021] 27

Notice states intermediate people’s courts have jurisdiction over first trials in civil cases below.

1. Intermediate courts have jurisdiction over cases where all or none of the parties to the casehave a registered address within the provincial administrative region of the competent court andthe subject matter is worth over RMB 500,000,000;

2. Intermediate courts have jurisdiction over cases where one of the parties to the case has no registered address within the provincial administrative region of the competent court and thesubject matter is worth over RMB 100,000,000;

3. Military courts in war zones and directly affiliated military courts have jurisdiction over caseswhere the subject matter is worth over RMB 100,000,000.

4. Higher courts may decide at its own discretion or at the request of lower courts to authorizeintermediate courts to hear cases that are of a new type, difficult or complicated, or helpful forwide application of law pursuant to Article 38 of Civil Proceeding Law.

The criteria for deciding jurisdiction based on the level of courts under this Notice do not apply inintellectual property or maritime cases or civil or business cases involving people from foreigncountries, Hong Kong, Macao or Taiwan

(Source: Website of SPC)

http://www.court.gov.cn/fabu-xiangqing-324151.html

4. Notice on Issuing Regulatory Evaluation of Commercial Banks Rules

Promulgated by CBRC
Promulgation date: 22 September 2021

Document number: YBJF[2021] 39

Rules sets out criteria for the regulatory evaluation of commercial banks, comprised of nineelements, i.e. capital adequacy (15%), assets quality (15%), corporate governance andmanagement quality (20%), earnings (5%), liquidity risk (15%), market risk (10%), data governance(5%), IT risk (10%), and organizational difference (5%).

Rules sets out restrictions based on the evaluation results and a dynamic adjustment mechanism.

(Source: Website of CBRC)

http://www.cbirc.gov.cn/cn/view/pages/ItemDetail.html?docId=1008579&itemId=915&generaltype=0

5.Notice on Firmly Punishing People Who Offer Off-campus Academic Programs by IndirectlyViolating Related Rules

Promulgated by the Ministry of Education

Promulgation date: 8 September 2021

Document number: JJGTH[2021]8

Notice make arrangements from five aspects, i.e. compliance requirements, variations, residencebased jurisdiction and regulatory rule enforcement. Notice states that off-campus academicprograms should comply with national regulations regarding entities, instructors, delivery time,delivery place, contents and delivery mode of the programs. Punishment should be legally givenfor acts of delivering academic programs that do not meet compliance requirements in cases ofbreach of instructor related provisions where instructors of academic programs do not havequalifications for teachers or incumbent middle or primary school teachers give paid lessons afterschool or cases of breach of delivery mode related provisions where offline organizations offeronline academic programs by instant communication, online meeting or live streaming. 

Picture of the month: 

(Source:Website of MOE)

http://www.moe.gov.cn/srcsite/A29/202109/t20210908_560508.html

6.Notice on Maintaining a Fair Competition Market Order and Causing Online Hailed Cars toComply with Laws and Rules

Promulgated by the Ministry of Transport

Document number: JYMD[2021]223

Promulgation date: 9 September 2021

Notice requires local transport authorities instruct online car hailing platform operators tocomply with laws and rules by no longer connecting themselves with and clearing themselves of cars and drivers that do not comply with laws and rules. We need action plans, definite objectivesand specific measures to make progress in work to comply with online car hailing related lawsand rules. From September 2021, the Ministry of Transport publishes the monthly compliancerate of online hailed cars. Notice notes local transport authorities should work with authoritiesconcerned to strengthen inspections of randomly selected entities by randomly selectedinspectors, legally impose severe punishment for dumping low-priced products, using big data tothe disadvantage of existing customers, indirect fraud and other illegal activities, help to form auniform, open and orderly competition market system and maintain a fair competition marketorder. 

(Source: Website of MOT)

https://xxgk.mot.gov.cn/2020/jigou/ysfws/202109/t20210909_3618156.html 

Picture of the month: 

Photographer: Shi Ying, Admin
Caption: Kashi, Tibet, China October 2021