Chinese Court Publishes Landmark Judgment for Cross-Border Data Transfer

This landmark case clarifies that in hotel management, the transfer of personal information beyond what is necessary for fulfilling the contract must be subject to separate consent from the customer, rather than relying on a general consent through the privacy policy.
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Navigating Local Expansion Within China: Branch vs. Subsidiary

25 December 2024
By Chen Yun When foreign-invested companies, particularly in the retail sector, seek to expand across different regions within China, they encounter a crucial need to establish a legal presence there to conduct business activities. To meet regulatory requirements, companies will often need to establish either a branch or a subsidiary—two commonly utilized structures for expansion. […]
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Qualifications for International Freight Forwarding Companies in China

12 October 2024
By Rinki Li and Maarten Roos Despite China’s economy facing challenges, one of the sectors that has grown a lot over the past five years is cross-border e-commerce. Every day approximately nine million parcels are exchanged between China and countries around the world, making it easier and faster for consumers to "buy globally." Over the past […]
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Current Trends for Debt Collection in China

29 July 2024
In today's challenging economic environment, more clients are seeking support with debt collection activities. One common service we provide is sending detailed demand letters (in China, referred to as lawyer’s letters) to the debtor, setting the stage for further legal action if payment is not made.
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Protecting Your Business from Competing Employee Ventures in China

3 July 2024
As we navigate the evolving legal landscape in China, it is imperative to stay informed about recent legislative changes that may impact your business operations. The latest amendments to the PRC Criminal Law, effective March 1, 2024, introduce stringent provisions to address employee misconduct related to establishing competing businesses and engaging in transactions that disadvantage their employers.
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Addressing the Hidden Challenges: Overseeing & Protecting Your China Operations

28 June 2024
Business leaders are uncovering significant issues within their local teams. This article sheds light on common HR and operational risks, illustrated by a real-world case study, and offers actionable strategies to safeguard your business in China.
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Compliance Instead of Prosecution – How A Tech Company Was Saved from Criminal Litigation

26 June 2024
A Shanghai-based technology company and its de facto manager were suspected of using another company to issue fraudulent VAT special invoices worth hundreds of millions of CNY without conducting any substantial business operations.
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Risks to VAT Exemptions on Cross-border Service Income in China

18 June 2024
Last year, a European client asked us to conduct a tax due diligence on their subsidiary in Shanghai, to determine whether all taxes had been duly paid. One of the key issues that we uncovered, was that the Chinese entity had been wrongfully claiming VAT exemption on services provided to their HQ.
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Establish a Chinese Subsidiary: Deciding on the Right Location

11 June 2024
While concerns remain over geopolitics and economics, we are once again supporting an increasing number of Western companies to establish manufacturing, trading or service subsidiaries in China. One of the key questions for foreign investors that we need to respond to is: where to best locate such a subsidiary?
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Common Key Red Flags in Chinese Legal Due Diligence

4 June 2024
When completing LDDs on Chinese Targets for European and North American multinationals, we often come across the same kinds of issues. Here is a selection:
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