L’actualité juridique et internationale de Avocats actus

On 10 June 2021, China adopted the Registration Fee Law, which will come into effect on 1 July 2022, and will replace the Provisional Registration Fee Regulations dated 6 August 1988. The new Law, while maintaining the general framework of the old registration fee system, simplifies and updates the taxable acts and tax rates.

Decoding and analysis by our teams.

June 1, 2021 marks the first anniversary of the publication of the «Comprehensive Plan for the Construction of Hainan Free Trade Port («HFTP»), which sets various goals to support the development of China’s southernmost island province.

Summary of the main features and benefits of the Hainan FTP, taking into account recent developments and focusing on customs and tax aspects.

L’année 2021 est une année phare pour la protection des données en Chine. Après l’entrée en vigueur du Code Civil de la République Populaire de Chine en début d’année, la Loi sur la Sécurité des Données (“DSL”) et la Loi sur la Protection des Informations Personnelles (“PIPL”) ont été successivement promulguées, formant ainsi le cadre légal de la protection des données en Chine.

Nos équipes partagent leurs conseils concernant la conformité des entreprises au regard de la CSL, DSL, PIPL et d’autres réglementations propre à leur industrie, des normes nationales etc.

Data issues are likely to have been on the agenda of many companies operating in China since last year, particularly foreign-owned enterprises («FIEs»). Since the enactment of China’s key data laws, namely the Data Security Law («DSL») and the Personal Information Protection Law («PIPL»), additional measures and recommendations have been issued, providing a clearer picture of what is expected of companies.

Here is an overview of the main data compliance requirements.

Companies, if some of your employees are based in an area where you do not have a local legal structure, you may be using a third party company to pay their social security contributions on your behalf.

Please note that the use of the inter-provincial social contribution system does not comply with Chinese laws and regulations. Our teams can offer you solutions and recommendations.

The Standing Committee of the National People’s Congress issued the new revised Production Security Law on 10 June 2021, which came into effect on 1 September 2021.

The main objective of this New Production Safety Law is to improve the control and prevention of hazards in the workplace and to strengthen the penalties for violations of workplace safety laws.

Summary of the main changes brought about by this new law.

2021 is a big year for data protection and cybersecurity, and in particular a milestone for the protection of personal information («PI»). In addition to the well-known Data Security Law («DSL») and the Personal Information Protection Law («PIPL»), there are also other regulations and guidelines already promulgated or in the pipeline, which may to some extent affect business operations in China.

Our teams decipher the emerging trend for the year 2021.

Our teams decipher the current state of Chinese legislation on the delegation of power from the shareholders’ meeting (or general meeting) to the board of directors, by first recalling the respective powers of these two bodies.

Nowadays, many companies are beginning to realise the crucial importance of commercial and technical information for their business and development.
business and technical information for their business and development, so protecting business/commercial secrets is becoming a priority. Unfortunately, it appears that nearly 70% of the lawsuits filed by companies against their former employees on the basis of trade secret violations are dismissed by Chinese courts.

Study of a practical case and advice from our teams to better protect business/commercial secrets and to better prepare for a possible lawsuit related to the violation of these by a third party.