What to Expect From China’s Revised Commercial Bribery Law

Draft revisions to China’s Anti-Unfair Competition Law, a wide-ranging statute governing e-commerce, trade secrets, false advertising and commercial bribery, were made public in February 2016. The revisions to the law, which was originally passed in 1993, include a new definition of commercial bribery, clarify when corporations can be held accountable for corrupt payments made by employees and expand the investigatory powers of the State Administration of Industry and Commerce and local AICs. The proposed new language, however, lacks clarity and possibly conflicts with existing law, Chinese attorneys told the Anti-Corruption Report’s sister publication Policy and Regulatory Report (PaRR). See the Anti-Corruption Report’s two-part series on data security in China: “Crossing the River by Feeling the Stones (Part One of Two)” (Sept. 14, 2016); and “Performing Due Diligence and Internal Investigations (Part Two)” (Sep. 28, 2016).

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