Tag: Chinese Law
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Possibilities and limits of Price Adjustment Clauses
Already last year, I highlighted the topic of price adjustment clauses in an article. Today I – again – would like to shed some light on this topic. In doing so, I would like to illuminate new aspects and point out more recent developments. Here, I will restrict myself exclusively to such clauses in b2b…
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CEO Liability under Chinese Law
Last week I had a consultation regarding a company acquisition. My client intends to acquire shares of a Chinese corporation. At the same time, my client wants to take a management position in the target company. In this context, the question arose whether this would also give rise to special liability risks. Today’s article is…
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5 facts about Chinese Real Property Law
Last week I had a telephone consultation on a rather more exotic area of law, Chinese real property law. I would like to explain my key takeaways on the topic. Specifically, I have summarized these into 5 quick facts: * Number 1: According to Article 10 of the Chinese Constitution, land is owned by the…
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Reporting requirements for employee assignments to China
At very regular intervals, I receive a very specific inquiry, namely about employee assignments to China. In the following, I would like to highlight some of the legal particularities. * First of all – in contrast to postings within the EU – an employee posting to the People’s Republic of China does not require a…
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Chinese anti-sanctions law – Part 2
In one of the last entries, I discussed the possible collision of corporate due diligence regulations with the Chinese Anti-Sanctions Law. At that time, I largely omitted the possible legal consequences provided for in the law. I would now like to make up for this. Specifically, individuals or entities identified as having been “directly or…
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New Implementing Regulations for cross-border data transfer in China
New administrative regulations have brought more clarity to Chinese data security law. Specifically, these are the “measures for security assessment of cross-border data transfer” (effective from 1 September 2022; with retroactive effect up to and including March 1, 2022) and the “guideline on security certification for cross-border transfer of personal information activities” (effective from 24…
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Case Study: Market entry China for a German football club
In my practical work as a legal advisor in Chinese law, I worked for a major law firm in Shanghai in 2019. During my time there, I was partly involved in an exciting project: the market entry of a German Bundesliga football club. First of all, it is interesting to note that the market entry…
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China’s Anti-Sanctions Law in potential collision with domestic SCR regulations
As already highlighted in several blog entries, from 01.01.2023 on, German companies are obliged by national German regulations under the Supply Chain Act to check to what extent their suppliers violate human rights, environmental, labor protection standards. And rules on corporate due diligence have been or are being introduced in other countries as well, such…
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Principles of the Chinese export control law
On December 1, 2020, the PRC’s new export control law came into effect. It was so adopted by the National People’s Congress of the PRC on October 17, 2020. It is the first national export control law of the PRC. The previously applicable regulations were previously found in various laws and administrative regulations. Firstly, the…
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Commodity shortages: Legal aspects of price adjustment
One issue that currently concerns many companies active in international trade is the rising price of raw materials. I had already written an article here for the Chamber of Industry and Commerce last month, but I would like to shed some light on the topic here as well: Still ongoing effects of the coronavirus pandemic,…
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