The Civil Code is a major landmark in Chinese legal history - it is the first comprehensive codification of the civil laws of the People's Republic of China, which has been a goal of Chinese governments since the Qing Dynasty. When China started to enact data privacy rules, the EU and the U.S. had long-standing stances on the issue. At present, China is drafting a new Civil Code; the privacy issues are introduced as follows in the latest draft of this regulation: “Natural persons enjoy privacy; privacy is constituted by personal data, personal activities and personal space; collection, saving and publication of personal data, shall be consented to by the data-subject in all cases”. The code’s attention to sexual harassment provides another important reminder that even as workplaces focus on virtual workforces, social distancing, and other novel legal issues, workplace respect and inclusion remain essential to a well-functioning workplace. China had made four attempts to compile a civil code since 1949 only to stop for various reasons. That being said, China still lacks an omnibus privacy or PI protection law, although a comprehensive privacy protection law is expected to be drafted within the next five years. The Civil Code has refined and expanded the definitions of privacy and personal-information rights in the previous General Principles of the Civil Law by setting out specific examples and scenarios, requirements for data processors and rights of data subjects. The Civil Code provides some rights to privacy and the protection of personal data in its section relating to personality rights, giving them an elevated legal status in China. China had made four attempts to compile a civil code since 1949 only to stop for various reasons. China’s recent draft Civil Code is set to introduce several laws that include individuals' rights to privacy and personal data for the first time. PI handling would include the use, processing, transmission, provision and making public of PI. Here’s what you need to know. In May 2020 the National People's Congress passed the Civil Code, which will take effect on 1 January 2021. This Kat is delighted to host a guest post by Zihao Li, a PhD candidate at CREATe, University of Glasgow, on privacy and data protection in the Chinese Civil Code. According to a recent draft, an individual has a right to privacy and to have their personal information protected. Article 813 expands the scope of PI to include "email address" and "whereabouts" along with the natural person's name, date of birth, personal ID number, biometric information, address and phone number. This creates several loopholes. The compilation of personality rights in a separate volume is a major development and innovation in democratic legislation and the civil code. China … The legislation is part of China's first civil code, a sweeping package of laws being deliberated during the annual meeting of parliament, which began on Friday after a delay of more than two months due to the coronavirus. China is poised to enshrine individuals’ rights to privacy and personal data for the first time, a symbolic first step as more of the country of 1.4 billion people becomes digitised – and more vulnerable to leaks and hacks. Parallel to privacy rights, the draft Civil Code also protects individuals' PI. The Civil Code includes special provisions on the protection of privacy and personal information and provides that personal information pertaining to natural persons should be protected as a fundamental civil right. China’s first ever Civil Code will come into effect on January 1st, 2021. These enhancements will bring China more in line with international practices. Employers in China will have to implement measures to prevent and address sexual harassment — and take account of employees’ privacy rights — under measures included in the first ever Civil Code issued by the National People’s Congress on 28 May 2020. Amidst the pandemic, China introduced a civil code—its first-ever compilation of civil laws detailing the rights of private parties. The legislation is part of China's first civil code, a sweeping package of laws that is being deliberated during the annual meeting of parliament, which began on Friday after a delay of more than two months due to the coronavirus. The following laws shall be repealed on January 1st 2021; the General Principles of the The Civil Code compiles civil laws on the rights of private parties and will take effect on 1 Jan 2021. MHOO d The United States does not have a comprehensive national data privacy policy. "China's Civil Code will be the latest civil code born in the 21st century," said Peng Chengxin, professor and vice dean of Koguan School of Law of Shanghai Jiao Tong University. China finally passed its long-awaited civil code during the Two Sessions meetings in Beijing last week. According to a recent draft, an individual has a right to privacy and to have their personal information protected. "The draft for the first time clearly defines what is privacy, and has detailed regulations on the protection of privacy and personal information," said Meng Qiang, a civil law expert from the China Law Society. It currently compares GDPR and China's Civil Code but I think in reality it would be easy to apply to most of the current laws. This is a symbolic first step as the country’s 1.4 billion people become and more and more digitised, and so more vulnerable to leaks and hacks. Hunton Andrews Kurth writes: The Civil Code of China (the “Civil Code”) was approved by the National People’s Congress of China on May 28, 2020 and will take effect January 1, 2021. The National People’s Congress has confirmed that detailed legislation on data protection and data security will be drafted in the next stage, and we expect these two laws to be enacted within two years. The two approaches feature important differences (the … Six draft sections on specific areas of civil law were submitted to China's top legislature on Monday, beginning the second phase of formulating the country's long-expected civil code. News, insights and resources for data protection, privacy and cyber security leaders The Standing Committee of the 13th National People's Congress (NPC), China's top legislature, started its 23rd session Tuesday in Beijing. Data privacy laws in China came 30 years later than in the EU and the U.S. This Civil Code is a codification of the existing civil and tort related laws, regulations and judicial interpretations issued by the Supreme People’s Court. A friend recently put this together. "China's Civil Code will be the latest civil code born in the 21st century," said Peng Chengxin, professor and vice dean of Koguan School of Law of Shanghai Jiao Tong University. Here is what Zihao writes: On 28 May 2020, the first Chinese Civil Code (CCC) was adopted. Nonetheless, China enacted the General Principles of Civil Law in 1986, and laws covering areas such as property, … The Civil Code of China (the “Civil Code”) was approved by the National People’s Congress of China on May 28, 2020 and will take effect January 1, 2021. "China's Civil Code will be the latest civil code born in the 21st century," said Peng Chengxin, professor and vice dean of Koguan School of Law of Shanghai Jiao Tong University. Premier Li Keqiang said Thursday that China is willing to consider joining the Asia-Pacific’s largest free-trade pact, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), as Beijing sets its priorities for trade talks this year to … The legislation is part of China's first civil code, a sweeping package of laws that is being deliberated during the annual meeting of parliament, which began on Friday after a delay of more than two months due to the coronavirus.. A4: Even with these differences—and ongoing debates inside China—China and the European Union are moving forward with establishing data regimes that have more in common with each other than with that of the United States. The first such code for the country, the legislation will have a potentially significant impact on sexual assault cases, family planning policy and personal data privacy. 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