On June 8, 2023, Llinks partner Mr. David Pan was invited to the China Corporate Compliance Forum 2023. He delivered a lecture on the topic of "Communication Among Relevant Parties——The Key to Successful Data Compliance." The forum was attended by numerous corporate professionals and legal experts who provided first-hand information and practical experiences regarding the strengthening of compliance enforcement in the Chinese business environment and the compliance challenges faced by state-owned enterprises, private companies, and multinational corporations in areas such as antitrust and traditional industries.
In the process of implementing a successful data compliance program, Mr. Pan put forward an important viewpoint based on his practical experience and cases. He emphasized that the legal compliance team needs to closely cooperate with internal and external stakeholders of the company in order to carry out work more efficiently.
Mr. Pan highlighted the need for close collaboration between the legal team and the IT department to bridge the gap in understanding between legal and technical concepts (such as data anonymization and de-identification). This collaboration is crucial for jointly developing and implementing data security management and technical measures that comply with regulatory requirements. At the same time, working closely with business departments can help the legal team better understand business processes and data handling practices. The legal team can evaluate potential compliance risks using various assessment tools, such as quantitative and qualitative analysis, and continuously adjust and update their recommendations based on feedback from the business departments, in order to provide compliance advice that meets actual business needs. During the communication process with functional departments, the legal team needs to timely explain and convey the latest requirements of laws and regulations, strengthening the overall data compliance awareness within the company and avoiding risks related to mishandling employee and consumer personal information.
Mr. Pan also mentioned the importance of paying special attention to legal concepts that may cause confusion in a cross-cultural environment, such as the distinction between "data processors" under the GDPR and "personal information processors" under the Chinese Personal Information Protection Law. In an international context, the legal team needs to understand different cultural traditions and social customs, actively enhance communication and negotiation with overseas colleagues to ensure the effective implementation of compliance strategies.
Finally, Mr. Pan emphasized the importance of understanding the working mindset of government departments. The legal team should maintain positive and effective communication with the relevant regulatory authorities to promptly clarify the focus of regulatory enforcement, ensuring that the company's compliance actions align with national policies.
