11 ASIAN LEGAL BUSINESS CHINA • 亚洲法律杂志-中国版 WWW.LEGALBUSINESSONLINE.COM/CHINA regulations has made understanding the latest regulatory trends, gaining deep insights into regulatory logic, and predicting future regulatory directions a hot topic among lawyers and in-house teams in recent years. Raymond Wang, Partner at Shihui Partners, highlights that amid the rapid development of digitization and the Internet, lawyers, legislators, and regulators face immense pressure. He notes, “The evolution of cybersecurity and data protection laws and regulations, transitioning from fragmentation to systematization and from general provisions to detailed rules, follows its inherent logic. I often participate in legislative support work and can sense the tremendous pressure faced by legislators and regulators when dealing with various risks arising from new technologies, industries, and even paradigms.” Therefore, Wang believes that while practicing in this new and evolving field presents a unique opportunity for lawyers, they must also adopt a fresh mindset. “We should not consider ourselves as merely providing answers to existing rules; instead, we should constantly contemplate the reasons behind rule changes and what remains unchanged. By doing so, we can distinguish stable components within the legal system from dynamic ones and promptly align ourselves with clients.” In other words, lawyers who choose to specialize in this field need to navigate the landscape where technology, regulation, and legal services progress hand in hand. Wang adds, “In a sense, predictable challenges are opportunities, whereas difficulties arise from the unpredictable.” NEW CHALLENGES FOR BUSINESS As the significance of data continues to grow, an increasing number of companies have prioritized digital transformation as a crucial goal. However, Deloitte’s 2021 Future of Cyber Survey highlights that, under pressure from competition, business leaders often prioritize the outcomes of digital transformation without fully considering cybersecurity risks. The multifaceted issues and challenges involved in digital transformation necessitate special attention from legal professionals. Li Tianhang, Partner at Hui Ye Law Firm, explains to ALB that over the past year, he has observed two types of enterprises with greater demands for data and Internet-related legal services. The first type pertains to multinational enterprises seeking assistance with data export, while the second type involves private enterprises seeking compliance with criminal law. Li and his team closely monitor data export issues. “In recent years, cybersecurity and data protection laws and regulations have been gradually strengthened. The implementation of the Personal Information Protection Law and the Measures for Data Export Security Assessment, in particular, has introduced new compliance requirements for data export. In the past year, enterprises engaging in cross-border data transfer have primarily sought data export compliance legal services. There is an urgent need for professional legal service providers, such as law firms, to assist these enterprises in completing relevant security applications.” With the implementation of the Measures for Standard Contracts on Personal Information Export on June 1, the criteria for identifying important data and the list of important data will soon be announced. Li predicts that the demand for compliance legal services related to data export will remain high and sustained in the future. “Data export legal services are relatively new, with limited past experience to reference. Therefore, while conducting internal research, the entire Hui Ye cybersecurity and data protection team has also enhanced communication with regulators. We strive to work in an indepth, detailed, and thorough manner, accurately assess internal risks, develop reasonable rectification plans, and endeavor to improve the success rate of applications for our clients,” says Li. Wang Yuwei, Partner at Guantao Law Firm and among the first lawyers in China to specialize in cybersecurity and data protection, has also observed the evolving demands of enterprises for data and cybersecurity services. Accordingly, COVER STORY WINNERS 获奖名单 CAI KAIMING 蔡开明 DENTONS CHINA 大成律师事务所 CHEN JIHONG 陈际红 ZHONG LUN LAW FIRM 中伦律师事务所 MARISSA DONG 董潇 JUNHE LLP 君合律师事务所 KEVIN DUAN 段志超 HAN KUN LAW OFFICES 汉坤律师事务所 LI TIANHANG 李天航 HUI YE LAW FIRM 汇业律师事务所 MENG JIE 孟洁 GLOBAL LAW OFFICE 环球律师事务所 SUSAN NING 宁宣凤 KING & WOOD MALLESONS 金杜律师事务所 Image: Chor muang/Shutterstock.com
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