1. Introduction: when PRC court encounters AIGC[1]

    On November 27, 2023, the Beijing Internet Court made a judicial ruling on a case regarding the AI-generated images (the “First AI-image Case”).[2]  This case is noted to be the first of its kind in China, involving a plaintiff surnamed Li and a defendant surnamed

    — Based on Preliminary Analysis of Several Typical Judicial Cases Released by Pudong New Area People’s Court of Shanghai

    On November 10, 2023, Pudong New Area People’s Court of Shanghai (“Pudong Court”) released 50 typical cases regarding the judicial protection of intellectual property (“IP”) at a press conference (“Pudong IP Cases”). The typical cases encompass a

    Introduction

    Facial recognition technology (“FRT”), an innovation that has garnered both praise and concern, has become increasingly prevalent in our daily lives, from unlocking smartphones to clocking in at work. While it offers numerous benefits, such as convenience and improved security, it also raises significant concerns about privacy and security. To address these concerns, the

    Background

    On 30 June 2022, the Cyberspace Administration of China (“CAC“) issued the Draft Provisions on Standard Contracts for the Export of Personal Information (“Draft Provisions“) for public consultation. The Draft Provisions open a lawful path for cross-border data transfers under Article 38 of the Personal Information Protection Law (“PIPL

    REGULATIONS

    CAC seeks comments on revising Administrative Measures for Internet Information Services

    On January 8, 2021, the Cyberspace Administration of China (“CAC”) issued the Administrative Measures for Internet Information Services (Revised Draft for Comments) (the “Draft for Comment”) for public comments by February 7, 2021.

    The Draft for Comment applies 

    REGULATIONS

    CAC seeks comments on scope of necessary personal information required for 38 types of Apps

    On December 1, 2020, the Cyberspace Administration of China (“CAC”) issued the Scope of Necessary Personal Information Required for Common Types of Mobile Internet Applications (Draft for Comment) (the “Draft for Comment”) for public comments

    REGULATIONS

    NISSTC issued the Guidelines for Data Security of Online Car-booking Services (Draft for Comment)

    On November 10, 2020, the Secretariat of the National Information Security Standardization Technical Committee (“NISSTC”) issued the Information Security Technology – Guidelines for Data Security of Online Car-booking Services (Draft for Comment) (the “Draft”) for public comments by January 8,

    REGULATIONS

    MIIT launches 2020 program of checking cyber security in telecommunications and internet industries

    On October 9, 2020, the Ministry of Industry and Information Technology (“MIIT”) issued the Circular on Working Effectively on the 2020 Program of Checking the Cyber Security in the Telecommunications and Internet Industries (the “Circular”).

    The Circular 

    REGULATIONS

    The Chinese side proposes a Global Initiative on Data Security

    On September 8, 2020, Foreign Minister Wang Yi delivered a keynote speech at a high-level meeting of an international seminar themed with “Seizing Digital Opportunities for Cooperation and Development” and proposed a Global Initiative on Data Security (“Initiative”). The Initiative mainly includes

    by Samuel Yang, AnJie Law Firm and Practical Law China

    An overview of the regulation of cloud computing in China. This note covers the characteristics of cloud computing, including its risks and benefits, the regulatory framework for cloud computing in China and key issues in negotiating cloud computing services.

    Scope of this note

    What