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TMT Talk continues to identify issues relevant to the Technology, Media, and Telecommunications sector, as companies determine their next steps and strategies around COVID-19. In this episode, Raffaele Giarda, Howard Wu and Derek Liu tackle the M&A developments and trends that have emerged as tech companies find ways to adjust in the new world created in the aftermath of the pandemic. This insightful discussion features perspectives from the West Coast and China, with increased M&A activity in gaming and content…

Robots are now writing our daily news instead of journalists. No wonder, artifical intelligence (AI) is considered one of the most transformative technologies of our times. Much has been written about how AI will affect copyright and patent laws and change established concepts such as “author” and “inventor”. Decisions on those topics are now emerging, and without surprise, mostly from China where tech and AI are already used on a daily basis in shopping, the…

As part of the Cyberspace Administration of China (CAC)’s recent push to accelerate formulation of the implementation rules of the China Cybersecurity Law (CSL), it published the draft Measures for Security Assessment of Export of Personal Information (for public consultations) on 13 June 2019 (“Draft Security Assessment Measures”). As the CAC appears to propose adopting two separate sets of rules and requirements on the security assessment of outbound provision of personal information and important data,…

What does 2019 hold for businesses in the Technology, Media and Telecommunications sector and what legal and regulatory trends should be on their radar? A complex question in a world in which the boundaries between areas are blurring to an extent that car manufacturers are becoming tech companies, traditional content producers are launching their own direct-to-consumer streaming services, and telecommunications providers are moving into adjacent industries to make up for declines in traditional revenues. Everywhere,…

The China Food and Drug Administration (“CFDA”) has issued guidelines aimed to implement China’s new Cybersecurity Law (“CSL”) in the administration of medical devices in China. This development is a clear signal that Chinese regulators intend to enhance cybersecurity protection in the healthcare sector.From 1 January 2018, medical device companies will be required to register their networked medical devices with the CFDA and be assessed for their cybersecurity protection status under the Principles on Guiding…

China’s revised Measures on the Administration of Accounting Records came into effect on 1 January 2016 with a view to improving the administration of accounting records. Companies are encouraged to use information technology solutions to manage accounting records, and may keep electronic accounting records if certain conditions are satisfied that ensure the accuracy, reliability and completeness of the accounting records. Additionally, longer retention of certain accounting records is now required. Highlights of the new accounting…

As reported in our previous post, the Chinese legislator recently passed a new Anti-terrorism Law which imposes certain cybersecurity-related obligations on telecom business operators and Internet Service Providers. It also passed the 9th Amendment to the Criminal Code which exposes network service providers that fail to comply with certain cybersecurity-related obligations to criminal liability. This law as well as other related developments are covered in this post.Criminal Liabilities For Jeopardizing CybersecurityFollowing the 9th Amendment to…

The Chinese legislator passed the 9th Amendment to the Criminal Code in August 2015, and the new Anti-terrorism Law about four months later. Both contain cybersecurity provisions and have come into effect by now. In this two-part post, we offer our observations and comments on these and other recent cybersecurity developments (as an update to our previous alert on China’s “Internet Sovereignty” and Emerging Cybersecurity Regime).Fast Pace On Security Law-MakingBoth legislations were passed within a…

As concerns about privacy and data breaches increase – the allure of big data remains untarnished. For those of you who may be unfamiliar with that term, big data refers to the practice of amassing as much data about a subject as possible and then mining that data for usable information. Many of our favourite online services regularly collect as much data as they can about us, and then scour this data for clues to…