Legal News

Enterprises prefer to recruit interns, because of 2 reasons: (1) enterprises don’t have to pay for interns’ social security, and interns’ remuneration could be calculated daily, so the cost is relevantly lower than employees; and (2) enterprises don’t have to sign the labor contract with interns, so it is flexible for enterprises to terminate the relationship with interns. However, if enterprises ignore potential risks related to interns, they might have established a labor relation with interns, or even have to undertake a greater economic loss than a labor relation. HRs may have doubts about these potential risks, but these risks…

By using AI technology, you may edit existing works in a depth synthesis manner, such as to replace the actor’s face or the original speech, or to cut partial of the works. Those editing brings fun to readers, but also risks of infringement to editors. The risks of infringement mainly include the infringement of the copyright of the work itself, the infringement of the reputation of the synthesized object, and even some people may constitute the crime of fraud by using the edited works. Therefore, the Cyberspace Administration of China, the Ministry of Industry and Information Technology and the Ministry…

The “Law on the Protection of Rights and Interests of Women” is implemented in 1992, and revised in 2005 and 2018, recently, the third amendment (hereinafter referred to as the ” 2022 Version “) was adopted on Oct. 30, 2022, and will come into force on Jan. 1, 2023. The following is a brief introduction of the clauses which are very important in enterprises’ daily management. Regarding sexual harassment Article 1010 of the “Civil Code” stipulates that, “Where a person conducts sexual harassment of another person in the forms of verbal remarks, written language, images, physical behaviors or otherwise against…

Recently, the “Administrative Provisions on Internet Pop-up Window Information Push Services ” (hereinafter referred to as the “Provisions”) is jointly released by the Cyberspace Administration of China, Ministry of Industry and Information Technology. The “Provisions” have stipulated clauses regarding the Pop-up Window Information, especially those pop-up advertisements pushed based on the algorithm. The “Provisions” have taken effect from September 30, 2022, and its main contents are as follows: To require relevant enterprises to establish relevant management mechanisms According to Article 2 and 4 of the “Provisions”, if an enterprise provides information push services in the form of pop-up message windows…

In April 2022, Baidu Tieba, Weibo, TikTok and many other online platforms have added the display IP address bar, which reveals a veil of Internet users. Shortly thereafter, the Cyberspace Administration of China issued the ” Administrative Provisions on the Account Information of Internet Users ” (hereinafter referred to as the “Provisions”) on June 27, 2022, which has come into force on August 1. The regulations clarify the registration, use and management rules of user’s account from the two dimensions of Internet information service providers and users. It is worth noting that, for enterprises, in the event of an online…

The “Security Assessment Measures for Outbound Data Transfers” (hereinafter referred to as the “Measures”) has been promulgated on May 19, 2022, and will come into force on Sep. 1, 2022. Foreign invested enterprises exchanges data with overseas affiliates occasionally, so it is highly recommended to pay attention to relevant requirements as stipulated in the “Measures”. The following is a brief introduction to the main provisions of the “Measures”. Evaluation object Article 2 of the “Measures” stipulates that this “Measures” applies to the security assessment of critical data and personal information collected and generated by a data processor in its operation…

On April 25, 2022, the Ministry of Human Resources and Social Security, the Ministry of Finance and the State Administration of Taxation jointly issued the “Notice for adjusting the unemployment insurance to stabilize posts and improving work skills to prevent unemployment” (Ren She Bu Fa [2022] No.23, hereinafter referred to as the “Notice”), which involves many favorable policies for enterprises. Refund of unemployment insurance premiums The “Notice” stipulates that unemployment insurance premiums can be refunded in different proportions according to the size of the enterprise and the rate of layoffs. The premise of the refund is that the insured enterprise…

Regarding the amendment to the “Civil Procedure Law” on 24 December, 2021, the Supreme People’s Court released the “Interpretation of the Supreme People’s Court on the Application of the Civil Procedure Law” (2022 Amendment) on 1 April, 2022, which has come into force from 10 April, 2022. Compared with the previous version in 2020, the “2022 Amendment” has amended 13 provisions, and deleted 2 provisions. Hereinafter we would like to introduce those provisions that enterprises might be involved. The period of summary procedure trial after extension shall not exceed four months cumulatively. Article 258 of “2022 Amendment” stipulated that, “as…

The Supreme People’s Court released the “Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of the General Principles of the Civil Code” (Fa Shi [2022] No. 6) (hereinafter referred to as the “Interpretation “) on Feb. 24, 2022, which has come into effect on March 1, 2022. Herein below is the introduction and analysis regarding 2 key articles related to commercial contracts. Determination of a “Substantial misunderstanding” According to Article 19 of the “Interpretation”, a “Substantial misunderstanding” refers to where a person has a mistaken understanding of the nature of his/her act, the counterparty or the…

After the promulgation of the “Data Security Law” and the “Regulations on the Security Protection of Critical Information Infrastructures”, articles regarding security review stipulated in the original ” Cybersecurity Review Measures ” (implemented on Jun. 1, 2020, hereinafter referred to as “2020 Measures”) shall be updated. Therefore, 13 departments including the State Internet Information Office have revised the “2020 Measures”, and the revised ” Cybersecurity Review Measures ” (hereinafter referred to as “2021 Measures”) is released on Dec. 28, 2021, and will be effective on Feb. 15, 2022. The following is an introduction to the main revisions of the “2021…