Answer: Yes. While generally, a violation of the Personal Information Law leads to civil infringement and administrative penalties, under certain conditions and to a certain extent, it may also constitute a crime as per Article 235 of the ‘Criminal Law.’ This crime involves infringing upon the personal information of citizens, and the legal consequences include potential imprisonment for up to three years or detention, along with a fine or a single fine.
Answer: Violations of the Personal Information Protection Act may be subject to administrative penalties. At present, the legal database of PKU Law does not publish any administrative litigation cases involving administrative penalties under the Act.
Answer: The purpose of the Personal Information Protection Act is to protect the security of personal information and individual privacy, and therefore the subject of personal information is entitled to seek civil liability in tort from the perpetrator of a breach of the Act.
Answer: Foreign representative offices and foreign-funded enterprises may have concerns about signing standard contracts and filing registrations, as it may potentially disclose customer information and other trade secrets. This concern is not entirely unfounded. According to the Personal Information Protection Act, any company, including foreign-funded enterprises, is indeed required to disclose their affiliated companies, suppliers, or customers abroad when filing registrations with the Chinese government.
Answer: Currently, the signing and filing of personal information standard contracts should be the channel for personal information outbound compliance that the vast majority of companies, including domestic and foreign-funded enterprises, must follow.
Answer: Many businesses now have close communication with offshore customers, suppliers or parent companies. The manager of a business may talk to the parent company about an employee who is ill and calls in sick, or he may report a client’s personal issue. This potentially involves the cross-border provision of personal information. The Personal Information Protection Act requires that companies in China should follow one of the three pathways when providing personal information outside of China.
Answer: The “Personal Information Protection Act” (“the Act”) fills the legislative gap in China’s personal information protection. The General Data Protection Regulation (GDPR), enacted by the European Union in 2018, aims to protect personal information security, privacy, and dignity. The first article of China’s “Information Protection Law” specifies that the purpose of the Act is to safeguard the rights and interests of personal information, regulate personal information processing activities, and promote the reasonable utilization of personal information.
The procedure to obtain a work and residence permit is as follow: First you enter China with an F or L Visa, and ask your employer to apply a work permission certificate issued by the local labour administrative bureau. Please note that you must register with the local police office within 24 hours after you enter China. Secondly, you should apply to the Chinese embassy in your home country for a Z Visa, bearing the invitation letter from the local Foreign Affairs Office and the work permission certificate,you may then enter into China again. Or if there is some special case when you are in China, you may apply to local Chinese immigration department in public security bureau for this directly, transferring your Business Visa into a Work Visa. Thirdly, your Chinese employer applies to the Labour Administrative Authority and gets a “certificate of work” which normally is not difficult. The Chief Representative and General Manager of a foreign invested company can apply for the certificate of work holding an F Visa. Fourthly, you will apply to the Local Immigration Department for a resident permit so that you will be allowed to live in China.
In general, it depends on your requirements to decide what kind of entity to establish. All procedures need you or your company to prepare your legitimacy documentations which need to be notarized by a public notary and attested by the Chinese embassy or Consulate in the country in which you are based. A Credibility letter shall be prepared by your bank so that the Chinese government shall review your capital qualification and capacity to invest in China.
Preparation of documentation: client prepares relating documents (e.g. Business license, incorporation certificate, and credibility letter by bank). The clients then signs & stamps the files prepared by the lawyer (e.g. the agreement on the shareholding transfer, all application forms and the resolution of the board); asset evaluation report.