These are sensitive legal issues and their response begins with China`s GATS commitments, the insurance position Article 4.6 of the P1 and MFN agreements under GATS. “personal data,” information collected electronically or by other means and capable of identifying a natural person, alone or in combination with other information, including the person`s name, date of birth, identification number, biometric information, address, telephone number, email address, health information and location information. Among the main provisions relating to the processing of personal data are: the circular also provides that restrictions on the stock market relationship of foreign investors and other access directives and requirements remain subject to administrative provisions applicable to foreign telecommunications companies, the regulations of the People`s Republic of China on telecommunications, special management measures (negative list) for access to foreign investments and other legal documents. However, since IDC services were not part of the scope of the VATS that China was to open to foreign investment when it joined the WTO on 11 December 2001, IDC licences were granted only to Chinese companies and their joint ventures with investors in Hong Kong and Macau, not companies invested by investors from other countries. Although investors in Hong Kong and Macau are, to some extent, considered foreign investors by the Chinese authorities, their eligibility for IDC licences was granted specifically under China`s closer economic partnership agreements (a CEPA agreement each) with Hong Kong and Macao in 2003. Each CEPA agreement allows investors in Hong Kong and Macau to create joint ventures with Chinese investors in China to provide IDC services. The participation of Hong Kong and Macao service companies in these joint ventures should not exceed 50% and there are no geographical restrictions on the provision of IDC services in China. For more information on preferential policy for service providers in Hong Kong and Macau under other CEPA agreements, please see practical information, regulation of the telecommunications sector in China: preferential policy under the EPA. In June 2020, the State Administration for The Market`s Anti-Monopoly Office (“SAMR”) published a new book containing four previously unpublished guidelines for the automotive industry, intellectual property rights, leniency policy and corporate obligations regarding cartels and abuse of dominance for 2019. The guidelines for the protection of horizontal monopolies (“crown guidelines”) detail SAMR`s leniency measures with respect to horizontal monopoly agreements (agreements) under Chinese antitrust legislation. Like current Chinese data protection legislation, the data protection and personal data protection provisions of the Civil Code are not as detailed or prescriptive as the Hong Kong Data Protection Regulation or the European Data Protection Regulation.
Rather, it is a set of general principles that leave considerable room for interpretation. However, the National People`s Congress has marked the introduction of a personal data protection law and a data protection law as a next step in the development of Chinese data protection legislation, and it is likely that these laws will be more prescriptive. The provisions of Part IV of the Civil Code, which deals with the protection of data and personal data, are contained in several sections: Samuel mainly serves Fortune 500 companies, large state-owned enterprises and major Chinese internet companies. Samuel is a regular contributor to many legal magazines and his publications on Chinese data protection and cybersecurity legislation are well accepted and widely reproduced. Monopoly agreements concluded by competitors are