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In Employment

China: Employment law update | September 2022

by , and 1 Min Read

The newly revised Shanghai Labor Union Regulations came into effect on 1 June 2022. The recent round of revisions to the Regulations place emphasis on the democratic management of companies, though the revisions are stated in the form of general principles and provide little concrete guidance. The added provisions regarding gig workers are in line with recent national guidance over the past couple of years focusing on the rights and interests of gig workers. Companies with a labor union should pay particular attention to the obligation to notify the union of their unilateral termination of employment contracts.

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In

Indonesia: Ratification of Regional Comprehensive Economic Partnership Agreement (RCEP)

by , , and 4 Mins Read

On 30 August 2022, the Indonesian House of Representatives agreed to pass a law ratifying the Regional Comprehensive Economic Partnership, the largest regional free trade agreement outside the World Trade Organization — involving 10 ASEAN countries and five non-ASEAN countries, i.e., China, New Zealand, Australia, Japan and South Korea. With the passing of this law, which still requires promulgation by the President, RCEP is set to come into force for Indonesia, possibly before the end of the year.

In Corporate Compliance

United States: This Week in Government Enforcement (Video Chat)

by 13 Mins Read

Please join us for a weekly series, hosted by Baker McKenzie’s North America Government Enforcement partners Jeffrey Martino and Jerome Tomas. This week’s discussion will cover the Public Company Accounting Oversight Board (PCAOB) Statement of Protocol Agreement with the China Securities Regulatory Commission, and the China Ministry of Finance regarding oversight of PCAOB-registered public accounting firms in China and Hong Kong.

In ESG

China: A long term, sustainable and effective way to invest into China

by , and 4 Mins Read

On 21 June 2021, the first batch of four real estate investment trust funds in the field of infrastructure were successfully listed at Shenzhen Stock Exchange. Over the past year, these products have operated smoothly, the supporting system has been continuously improved, investors have actively participated, and the market function has been gradually brought into play— realizing the phased targets of “a stable and good start”.

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In Employment

Asia Pacific: Discrimination laws – Employment club meeting (Webinar on 24 August 2022)

by , , and 2 Mins Read

While Hong Kong and mainland China have had anti-discrimination laws in place that protect employees from various types of discrimination at the workplace, recent developments and increasing employee awareness of their rights have led to increased focus on this area. Whilst Singapore does not currently have any workplace discrimination laws per se, there have been some recent developments.
Join us for this webinar where our employment team from Baker McKenzie Hong Kong & China, and Baker McKenzie Wong & Leow will explore the discrimination laws and regulations in China, Hong Kong and Singapore, consequences for non-compliance, and what employers need to bear in mind regarding their human resources policies.

In

China: The Clock is Ticking! – Cyberspace Administration of China finalizes measures for security assessment of transfers of data abroad

by , and 2 Mins Read

Just one week following the release of the draft Rules concerning the Standard Contract for Cross-Border Transfers of Personal Information, the Cyberspace Administration of China finalized and issued the long-awaited Measures for the Security Assessment of Transfers of Data Abroad on 7 July 2022. The Measures provide the implementation rules and guidelines concerning the security assessment mechanism for cross-border data transfers outside of China, as established in China’s three overarching data protection laws, the Cybersecurity Law, the Data Security Law and the Personal Information Protection Law. The Measures will take effect and will be implemented from 1 September 2022. Companies will have a grace period of six months to comply with the Measures.

In

China: Draft China SCC and pertinent rules released – Last piece of the puzzle for cross-border data transfer?

by , and 3 Mins Read

On 30 June 2022, the Cyberspace Administration of China released the draft Rules concerning the Standard Contract for Cross-Border Transfer of Personal Information together with the draft Standard Contractual Clauses (China SCCs) for public consultation. The China SCCs for cross-border transfer of personal information are one of the three mechanisms for transferring personal information outside of China as stipulated in the Personal Information Protection Law of China.

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In Trade and Foreign Investment

United States: Uyghur Forced Labor Prevention Act Implementation Guidance

by 9 Mins Read

The Uyghur Forced Labor Prevention Act took effect on June 21, 2022, and establishes a rebuttable presumption that all goods mined, produced, or manufactured wholly or in part in Xinjiang, China, or by entities identified on the “UFLPA Entity List,” are made with forced labor and prohibits them from entry into the United States under Section 307 of the Tariff Act of 1930.

In Antitrust / Competition

China: Landmark Anti-Monopoly Law reforms signal more modernized antitrust enforcement

by , , and 3 Mins Read

On 24 June 2022, China’s National Peoples’ Congress approved far reaching amendments to China’s Anti-Monopoly Law which become effective from 1 August 2022 (“AML Amendments”).
Alongside the AML Amendments, the State Administration for Market Regulation has issued for public comment proposed updates to key implementing rules and regulations concerning cartels and vertical restraints, abuse of dominance, merger control and abuse of IP rights.
Of particular relevance to business operations in China and M&A activity, the AML Amendments include stricter penalties for antitrust violations; increased enforcement powers; revised thresholds for merger control; an express prohibition of hub & spoke arrangements; potential exemptions/defenses for certain vertical restraints including resale price maintenance, and continued scrutiny of the platform economy.

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