Today, corporation operates under intense regulatory and law enforcement scrutiny. If it is found to be noncompliant with laws or regulations, the fines, penalties, and economic damages can be staggering. In particular, foreign companies doing business in China will encounter local perspectives and assumptions that make adherence to corporate compliance programs an ever evolving and challenging effort. Practices normally considered unacceptable in the Western countries may not only be allowed in China, but may even be strongly encouraged by local cultural conventions.
Therefore, developing internal practices that take these norms into consideration—while protecting a company's legal obligations and international reputation—is a difficult process that requires skills to balance competing interests and experiences in a variety of corporate practice. The Firm's corporate compliance practice is leaded by lawyers who have experience of in-house counsel for multinationals for over a decade. We not only advise clients around the world on the design, implementation, and operation of compliance programs, but also provide general corporate compliance advice on the legal issues which most regularly impact upon their businesses.
The Firm's Corporate Compliance services include:
Creating Programs – Risk assessment is one of the essential starting points for many companies' compliance programs. Our lawyers and experts can facilitate a top-down or bottom-up compliance risk assessment necessary to design an effective compliance program.
Cyber Security Law – with the implementation of PRC Cyber Security Law and a series of Measures, compliance of date protection has never been that crucial to a business, especially for cross boarder operations. We can help client design customized internal cyber security and data privacy compliance and risk control policies, as well as provide cyber security and data privacy training.
Policy and Procedure Development – We fully understand a China-tailored practice can help multinational companies to mitigate risks specific to that market. Based on our analysis, we will provide recommendations regarding specific policies and controls as well as on-going program management practices to fill in the gaps, improve existing practices, and secure continuing compliance.
Training -- Compliance training is a key component in ensuring that employees abide by company policies, we understand it is not just translate training materials from English to Chinese, but should tailor-design them to the China market and China-based employees. Our lawyers can provide frequent and continuous training—along with top-level management support—to instill a culture of compliance in client's working environment.
Related Counseling Services --The Firm regularly counsels clients regarding general compliance issues, such as government investigation, criminal defense and anti-monopoly or anti-unfair competition violation, enforcement of Advertisement Law, etc. We also assist in implementing integrated compliance programs following mergers, acquisitions, and re-organizations.
Representative Cases
- Designing a top-down compliance program for an international retail company
- Advising an industrial leading manufacturer on PRC anti-monopoly law in relation to its vertical pricing contracts with Chinese entities
- Advising many multinationals in dealing with PRC anti-bribery investigation
- Providing compliance training for numerous corporate clients in respect to specific modules on gift giving, entertainment, and engaging with government officials, as well as more general overviews of anti-monopoly, anti-unfair competition and anti-bribery regulations
- Advising several multinationals in formation of customized internal cyber security and data privacy compliance and risk control policies in response to the PRC Cyber Security Law
