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Keeping Pace in the GDPR Race: A Global View of Progress

In preparation for GDPR compliance, organizations around the globe worked months in advance of the deadline to ensure compliance. But what happened after the date of effectiveness? McDermott set out to learn how companies fared across the United States, Europe, China and Japan. In digging deeper, we discovered valuable findings, including: Countries and regions are at different points in their GDPR compliance awareness and execution journeys. Businesses across the globe continue to face challenges in understanding and responding to EU data breaches, despite making investments in new personnel and changing business practices. In partnership with the Ponemon Institute, we released our latest study, “Keeping Pace in the GDPR Race: A Global View of GDPR Progress in the United States, Europe, China and Japan.” This report sheds new insight and provides ways to improve resiliency and mitigate risk for your company. Click here to see our key findings and download...

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Health Care Data Compliance in China: 4 Key Questions and Compliance Steps for Multinationals

This post was guest authored by lawyers from MWE China Law Offices, McDermott Will & Emery's strategic alliance in Shanghai.  Data compliance in China’s health care industry is multifaceted and highly sensitive, and applies to numerous types of data generated across the continuum of care. Multiple pieces of legislation prescribe complex regulatory requirements governing different types of data, and various supervisory authorities frequently conduct inspections and investigations, paying special attention to health care multinationals with operations in China. This article explores four key questions on the regulatory requirements for health care data in China, along with key compliance steps for multinationals throughout the entire life cycle of health care data, including collection, storage, transfer and use. 1. What types of health care data are regulated in China? What are the key compliance points related to these types of health care data? Data...

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China Data Protection Enforcement Update – A Focus on Platform Content

Following the first enforcement actions by local authorities in Shantou and Chongqing for violations of the new Network Security Law that came into effect this year, authorities in China have recently shown a clear initial focus with several new cases targeting provisions of the law that require monitoring of platform content. As of the start of October 2017, enforcement actions by authorities in China have targeted platform content violations in nearly 70 percent of all actions under the new provisions of the data protection rules.   A smaller but notable percentage of the actions have also targeted violations related to security failures under the “graded protection system monitoring” requirements, which include issues such as failing to resolve security vulnerabilities, not saving users’ login information, or connecting to known problematic websites. Other enforcement actions related to this field have targeted types of crimes that existed before the...

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China’s Network Security Law Comes into Effect: What It Means for Your Company

Today, China’s much anticipated Network Security Law comes into effect after two years of review, revisions over three drafts and a public commenting process. The law is a historical development for China’s legislative coverage of information security and data protections. It also represents one of the strictest approaches in any jurisdiction worldwide, and a continuation of a broader effort at demonstrating the government’s cyber-sovereignty goals through control and regulation of data and the internet. Overview of the Network Security Law Commonly referred to as the “Cybersecurity Law,” the new piece of legislation has a broad scope and covers a range of issues related to data privacy, security and cross-border transfers, including: Increasing security measures and strengthening data security through a variety of specific obligations Ensuring consent for collection of personal information through the principles of legality, proper justification and...

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China Released the Latest Classification Catalogue of Telecommunications Services (2015 Revision)

On December 28, 2015, the Ministry of Industry and Information Technology of China released the newly revised Classification Catalogue of Telecommunications Services, which is due to take effect as of March 1st, 2016. This round of revision has long been awaited since its last amendment in 2003, and is expected to reflect the advancement and emergence of new technologies and business models in the telecommunication field as well as to help keep new telecommunication business models under the regulatory radar.   Read the full China Law Alert.

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