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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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Enforcement of foreign trade investment control under German foreign investment law
Foreign investment controls in the German economy have been increasingly tightened by reforms in recent years – in this case in particular the lowering of the threshold of acquired voting shares from 25% to 10% for particularly security-relevant sectors in 2018 and the inclusion of the healthcare sector in this very area in 2020. * […]
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The possibility of withdrawal from the contract under the UN CISG
This week I had a case under review in which a company had ordered goods from mainland China via the Chinese online platform Alibaba. Specifically, the goods were recreational trampolines. The trampolines were actually delivered and were apparently proper. However, when they were resold to the customer, it was noticed that the trampolines were only […]
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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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Scope of application of the supply chain due diligence act for international corporations
From 2023, the new regulations on the Supply Chain Act will come into force in Germany. In consulting, there is now often contradictory information on the scope of application with regard to international groups and, in particular, whether employees of foreign subsidiaries must also be taken into account for the employee thresholds. From 2023, the […]
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The new supply chain due diligence act – also relevant for small companies?
In Germany, starting from 2023 – large companies will be the required by law to check the extent to which their business activities violate aspects such as occupational health and safety, minimum wage, health and environmental standards. The legal framework therefore is the new Supply Chain Due Diligence Act. The corporate obligations will apply from […]
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End-user certicates in contracts – A solution for dual-use trade?
Today I had a conversation with a colleague about the topic of so-called end-use declarations. These are particularly relevant for trade transactions in the context of trade embargoes. National import and export authorities sometimes demand such an end-use declaration, with which the recipient of the goods undertakes not to pass on the goods. These declarations […]
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Withholding law / lien in English law
Today I had a new case – actually related to the Russian invasion of Ukraine. A company has an ongoing deal for the supply of aircraft equipment to a Russian airline. The equipment was ready – then the Russian government ordered the invasion. The sanctions subsequently imposed by the EU and the USA are now […]
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– International Commercial Law Blog by Matthias Führich, LL.M. (法学硕士)
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