China has strengthened its commitment to protect personal information by adopting the new Personal Information Protection Law (PIPL 《中华人民共和国个人信息保护法》) which gives data subjects the power to control and determine how, with whom and for what purposes their personal information can be shared, analyzed or handled. Our Firm has previously released a more detailed discussion on the PIPL, which took effect on 1 November 2021.
China has strengthened its commitment to investigate commercial bribery offenses, as indicated by two recent legislative developments — Guiding Opinions on Establishing a Mechanism for Third-party Supervision and Evaluation of the Compliance of Enterprises Involved in Cases (for Trial Implementation) (“Third-Party Mechanism Guiding Opinions,” 《关于建立涉案企业合规第三方监督评估机制的指导意见（试行）》, issued in June 2021) and Opinions on Further Promoting the Investigation of Bribery and Acceptance of Bribes (“Opinions on Dual Investigations,” 《关于进一步推进受贿行贿一起查的意见》, issued in September 2021). These significant developments indicate China’s latest enforcement trends with a renewed focus on bribe givers and commercial bribery, while balancing the need to protect legitimate business interests.
The Supervisors Law of the People’s Republic of China was recently promulgated by the Standing Committee of the National People’s Congress on 20 August 2021. Together with other legislation and enforcement activities, the Supervisors Law aims to strengthen President Xi’s anti-corruption campaign and is scheduled to take effect on 1 January 2022.
The Measures for the Supervision and Administration of Anti-Money Laundering and Counter-Terrorist Financing of Financial Institutions recently promulgated by the People’s Bank of China came into effect on 1 August 2021. Among other things, the Measures expand the scope of applicable entities, provide specific details of internal control and risk management requirements and increase PBOC’s supervision and administration powers. The new Measures are a significant development, demonstrating China’s efforts to improve and enhance its anti-money laundering and counter-terrorist financing regime.