China compliance and risks: personal data, anti-bribery and antitrust
Fines in China can reach 5% of annual turnover for personal data violations or 10% for antitrust violations, and they also reach companies operating from outside China.
At UB China we review your operations, adjust your policies and stand by you before the authorities.
How we help
- Personal data and cybersecurity: Cybersecurity Law, Data Security Law and Personal Information Protection Law (PIPL); privacy notices, consents and cross-border data transfers.
- Anti-bribery: policies on gifts, hospitality and payments, due diligence on intermediaries and training.
- Antitrust: agreements with competitors and distributors, dominant position and merger control.
- Environment: environmental impact assessment and discharge permits.
- Foreign trade: customs, export controls and international sanctions.
What you need to know
- The PIPL also applies to companies outside China that sell to individuals in China; they must then appoint a representative in China.
- Transferring personal data abroad requires a CAC security assessment, a certification or standard contractual clauses, unless an exemption applies (for example, fewer than 100,000 individuals a year for non-sensitive data).
- China recognises no exemption for “facilitation payments” and investigates both those who pay and those who receive.
- An effective compliance programme can reduce antitrust fines.
- The 2020 Export Control Law and China’s blocking rules may conflict with other countries’ sanctions; check before you contract.
Frequently asked questions
I sell to China from abroad. Does the PIPL apply to me?
It may, if you process data of individuals in China; we review it.
Can I give gifts to Chinese clients?
With a clear policy on amounts and approvals; even a small gift can be sanctioned.
What is the CAC?
The Cyberspace Administration of China, the main data regulator.
Do you carry out compliance audits?
Yes, with a risk report and an action plan.
Doing business with China? Let us talk.