On November 26, 2019, Llinks Law Offices and Wolters Kluwer held the "Data, Competition and Criminal Compliance in the Context of Internet Operations" Forum. More than one hundred legal professionals of companies in business sectors of high-tech, healthcare, retail, chemical and information network attended the forum. David Pan, Felix Yin and Nigel Zhu from Llinks Law Offices interpreted compliance issues on data, antitrust and unfair competition, and criminal liability in the context of business operating via internet.
Mr. Pan's speech focused on data management and conflicts between the commercial application of data and data privacy. Under the topic of data management, Mr. Pan classified data into different types under Chinese law, and explained the concept and scope of various types of data (especially personal information and important data), requirements and key points of data management compliance, legal liability arising from data management and the impact of social credit reporting systems on enterprises. Mr. Pan specifically elaborated on compliance issues related to data export security assessment, sharing and transfer of personal information. Under the topic of conflicts between the commercial application of data and data privacy protection, Mr. Pan raised examples of commercial application of personal information and discussed compliance issues embedded in such applications, especially on hot issues of WiFi probes, web crawlers, APPs, user portraits, and advertising pushes.
Later, Mr. Zhu shared with attendees compliance issues on competition in the field of internet. Mr. Zhu first briefly summarized the concept of competition law and competition law compliance in China, which includes unfair competition law compliance and antitrust law compliance. Afterwards, Mr. Zhu talked about the issues of unfair competition and antitrust in the context of internet operations: analyzing the patterns, legal risks, and key points on compliance of newly-emerging unfair competition behaviors such as web crawlers, shared accounts, and bid rankings in the internet environment; explaining the criteria of monopolistic agreements, abuse of market dominant position and concentration of undertakings, in combination with issues in the field of internet e-commerce such as forced side picking; clarifying frequently asked questions with respect to merger filing in internet operating sector.
Lastly, Mr. Yin shared and interacted with attendees on internet criminal compliance. After describing the concept and role of criminal compliance, Mr. Yin illustrated in detail the criminal risks in the internet environment: analyzing the common crimes in the field of internet, supplemented by criminal cases; explaining the key constituent elements of common crimes; distinguishing similar crimes; and briefly summarizing other uncommon crimes. With reference to judicial interpretations related to information network crimes, Mr. Yin also emphasized on the criteria of conviction and sentencing of crimes such as the crime of refusing to fulfill the obligations of security management of information networks.
In the Q&A session, attendees raised questions to the speakers about personal information desensitization, data export assessment, web crawlers, and administrative inspection, etc. After the meeting, attendees and speakers exchanged views in-depth on issues such as data management and competition law compliance. Participants responded enthusiastically and praised the meeting highly enlightening and informative.
Llinks Law Offices will continue to pay close attention to compliance issues in the field of business operating via internet, and will continue to communicate with industry insiders to share opinions on cutting-edge issues.
