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HL Chronicle of Data Protection Privacy & Information Security News & Trends

Tag Archives: China

Posted in International/EU Privacy

Chinese Appellate Court Provides Guidance for Lawful Use of Cookies

On 6 May 2015, the Intermediate People’s Court of Nanjing City, Jiangsu Province, issued a civil judgment ruling that the search engine giant Baidu’s use of cookies to personalize advertisements directed at consumers on partner third party websites does not infringe consumer rights of privacy. The court based its decision on findings that the information collected by the Baidu cookies did not amount to “personal information” under Chinese law, the complainant did not suffer cognizable injury by receiving targeted ads on other sites, and Baidu afforded consumers mechanisms to opt-out.

Although not binding on other courts, this judgment has significant implications. It provides insight into how other courts in China are likely to handle similar challenges to the use of cookies in the future, and its detailed analysis of Baidu’s cookie policy sheds light on what policies and practices companies in China would be prudent to adopt in order to best balance industry and consumer interests in compliance with the law.

Posted in International/EU Privacy

2015: The Turning Point for Data Privacy Regulation in Asia?

2014 was a very eventful year for data privacy regulation in Asia and there are reasons to believe that 2015 will represent a turning point for the region as established privacy regimes are toughened and new regimes enacted in recent years begin to mature. The past year saw a number of significant regulatory developments, in particular the implementation of new, comprehensive “European-style” privacy laws in Singapore and Malaysia, the amendment of China’s consumer protection law to include data privacy principles and increased financial penalties in South Korea.

Posted in Consumer Privacy

China Clarifies Requirements for Companies Regarding Consumers’ Personal Information

A new law in China taking affect in March of this year will provide businesses with a clearer understanding of what types of information are protected as consumer personal information in China. This new definition will clarify companies’ obligations with respect to the use and processing of that information under other Chinese laws and regulations. A failure by businesses to recognise these new requirements can lead to onerous penalties including fines.

Posted in Consumer Privacy, International/EU Privacy

Amendments to China’s Consumer Protection Law Add Compliance Obligations when Handling Personal Information

On October 25, 2013, the Standing Committee of China’s National People’s Congress passed an amendment (“Amendment”) to the 1993 Law of Protection of Consumer Rights and Interests, which addresses longstanding issues related to e-commerce fraud and illegal disclosures of consumers’ personal information. The Amendment, which takes effect on March 15, 2014, reforms China’s 20-year-old consumer protection law by providing more robust protections to consumers, including provisions that restrict the collection, use, and disclosure of consumers’ personal information and require consent to send commercial communications.

Posted in Consumer Privacy, International/EU Privacy

China’s Regulation on Personal Data Use by Commercial Websites Takes Effect Sept. 1

On September 1, China’s Provisions on the Protection of the Personal Information of Telecommunications and Internet Users will come into force, affecting a wide range of consumer-facing websites, including corporate sites, product information sites, and social media pages. This post examines some of the requirements of the Provisions, and provides a link to a comprehensive Hogan Lovells Corporate Alert describing recent privacy-related legislative developments in China.

Posted in Consumer Privacy, International/EU Privacy

Making Sense of China’s New Privacy Laws and Draft Internet Privacy Regulations

Although China does not have an omnibus privacy statute or framework, the Chinese government recently has released a number of new privacy guidelines and regulations. This blog posts discusses a number of those guidelines and regulations, including two draft rules: Provisions on the Protection of the Personal Information of Telecommunications, and Internet Users and the Provisions on Registration of the True Identity Information of Phone Users (“Provisions on Phone Users”).

Posted in Consumer Privacy, International/EU Privacy

Chinese Government Deliberates Consumer Rights Amid E-Commerce Boom

On April 28, the Standing Committee of the National People’s Congress, China’s top legislature, issued draft amendments to the 1993 Law of Consumer Rights and Interests highlighting China’s new initiative to address longstanding issues related to e-commerce fraud and illegal disclosures of consumer information. The draft amendments, which were open for public comment until May 31, 2013, aim to reform China’s 20-year-old consumer protection law, with almost half of the clauses in the current law being amended to cover e-commerce.

Posted in Consumer Privacy, Cybersecurity & Data Breaches, International/EU Privacy

China: The Strengthening of Online Private Information Protection

With a population reaching billions, it is not a surprise that the number of internet users in China is drastically increasing.  Such influx of Chinese “netizens” brings with it the importance for protection of online private information.  As a result, in the last days of the 2012 calendar year, the Standing Committee of the National […]

Posted in International/EU Privacy

China’s New Privacy Regulations Go Into Effect

March 15 marks the effective date of new privacy regulations issued on December 29, 2011 by the Ministry of Industry and Information Technology of the People’s Republic of China entitled Several Provisions on Regulation of the Order of Internet Information Service Market,. The new regulation defines the personal information protection requirements applicable to Internet Information Service Providers (“IISPs”), and IISPs is a broad category. This blog entry explains.