China’s data protection law: the wait is over

Ken Dai is one of the pioneering lawyers in China practicing the area of data protection. Since 2012, he has been offering professional legal services upon the application and enforcement policies of relevant laws in data and privacy protection sphere for plenty of multinational corporations and large-scale enterprises, including without limitation:

1. reviewing and revising privacy policies,
2. advising on the data protection & privacy issues pertain to employment,
3. issuing compliance opinions upon cross-border transfer of data,
4. analysing the feasibility of business modes from the perspective of data and privacy protection,
5. advising on the data protection & privacy issues pertain to cross-border litigation, arbitration and investigation,
6. advising on the legislation and enforcement trend of data protection & privacy, and cybersecurity,
7. advising on the intersection between data and competition.

Ken Dai is also one of the first lawyers who practices antitrust law in China and has accumulated practical experience for more than ten years within the field. He has provided clients with comprehensive antitrust legal services, including but not limited to antitrust investigations, antitrust compliance, merger filing, private antitrust litigations.

Ken Dai was ranked as one of the “Client Choice Top 20 Lawyers” by Asian Legal Business (ALB) respectively in 2014 and 2017, and as Competition Lawyer of the Year in China by Corporate INTL in 2017.

Vivienne Jin is a Partner / New York State admitted attorney at Rui Bai Law Firm, which is an independent law firm and a member of the PwC global network of firms. Vivienne graduated from China University of Political Science and Law and University of Southern California with the Master of Law degree. Vivienne worked for DLA Piper and KWM in Beijing and an American law firm in Los Angeles before joining Rui Bai.

Areas of expertise:

• Data privacy and workplace safety
• Employment issues in M&A, restructuring and post-deal integration
• Employment termination and employee exit negotiation and implementation
• Mass redundancy and layoff
• Employee compliance investigation
• Cross border employment structure design and immigration
• Remuneration structure and incentive compensation plan
• Trade secrets and IPR infringements and restrictive covenants
• Employment arbitration, disputes, and settlement
• Social benefits, work safety and employer liabilities

Representative experience:

• Advised various large multinational companies on the transfer of employees and/or termination employees under a cross-border M&A transaction or business restructuring projects, and assisted with the post-deal human resource integration and management.
• Provided consulting services for various domestic companies on overseas HR and employment compliance, risk management control, global mobility and compensation structure design in connection with its outbound investments in various countries of North/South America, Europe and Southeast Asia.
• Advised on global mobility (secondment and/or local hiring) and compensation structure design for various foreign companies.
• Supervise the representation for various multinational companies in the termination disputes with the former China head or executives due to performance, compliance or business restructuring reasons.
• Assisted various entities in financial, telecommunication, advertising, pharmaceutical and other industries and sectors in negotiating and dismissing top executives from critical management positions.
• Assisted several global pharmaceutical companies in whistleblowing cases and employee misconduct investigations and dismissals

Jasmine is the Legal Director, China for the Weir Group and is based in Shanghai. She is responsible for legal, compliance and regulatory matters for the group in China. Among her various responsibilities, Jasmine is responsible for advising the business across different divisions on IP protection/enforcement, employment, litigation and government policies issues. She is also an active speaker for legal-related seminars on compliance and employment law related issues. Before joining the Weir Group, she has worked for a leading global law firm for about 10 years with strong corporate/M&A and employment law background.