On May 16, 2017, the Legislative Affairs Commission of the National People’s Congress (NPC) Standing Committee of China released for public comment a draft of the National Intelligence Law (“the Draft Law”). The Draft Law, if enacted as drafted, would be the first Chinese statute to systematically address national intelligence related issues, including institutional structures,

Yan Luo
Yan Luo advises clients on a broad range of regulatory matters in connection with data privacy and cybersecurity, antitrust and competition, as well as international trade laws in the United States, EU, and China.
Yan has significant experience assisting multinational companies navigating the rapidly-evolving Chinese cybersecurity and data privacy rules. Her work includes high-stakes compliance advice on strategic issues such as data localization and cross border data transfer, as well as data protection advice in the context of strategic transactions. She also advises leading Chinese technology companies on global data governance issues and on compliance matters in major jurisdictions such as the European Union and the United States.
Yan regularly contributes to the development of data privacy and cybersecurity rules and standards in China. She chairs Covington’s membership in two working groups of China's National Information Security Standardization Technical Committee (“TC260”), and serves as an expert in China’s standard-setting group for Artificial Intelligence and Ethics.
“Cybersecurity Review” Takes Shape in China
When China’s Cybersecurity Law was enacted last November, one question (among many) that surfaced was how the government would implement the “national security review” that the law requires for certain network products and services. The law, which takes effect this June, provides that any network products and services that might affect national security procured…
China Conducts Third Reading of Draft Cybersecurity Law
On October 31, the Xinhua news agency reported that the Standing Committee of China’s National People’s Congress (“NPC”) is conducting the third reading of the draft Cybersecurity Law (“the Law”). NPC released two previous drafts of the Law for public comment in July 2015 and July 2016 (see Covington e-alerts here and here), but…
China Moves Forward with Negative List for (Domestic and Foreign) Market Access
In recent years, the business community in China has been abuzz with talk of various market access “negative lists” — lists of exceptions to what would otherwise be open market access. China has now introduced a new market access negative list for all forms of investment in the country, both domestic and foreign. Before describing…
China Enacts Broad Counter-Terrorism Law
On December 27, 2015, the Standing Committee of the National People’s Congress (NPC), China’s top legislative body, enacted a Counter-Terrorism Law (see the Chinese version here), which took effect on January 1, 2016. The adoption of this law, a year after the first draft was released for public comment, followed closely the adoption of a…
China Issues Draft Network Security Law
Close on the heels of a sweeping new National Security Law, the Standing Committee of the National People’s Congress released last month for public comment a very significant draft Network Security Law (“Draft Law”), also referred to as the draft Cybersecurity Law.
Since it came into power in 2012, China’s current leadership has…
China’s New National Security Law
The Chinese government made headlines around the world on July 1 when the Standing Committee of the National People’s Congress passed a sweeping new national security law (see official Chinese version here). The scope of the law, China’s most comprehensive piece of national security legislation to date, is broad. It covers issues of political…
Is China Becoming Less Attractive to Foreign Investment?
Acquisitions of China assets by US companies have plummeted to their lowest level since 2002, according to recent data from Dealogic reported by the Wall Street Journal (“WSJ”) MoneyBeat blog. The news that only 25 deals to buy Chinese assets were made by US companies in the first half of 2014 stands in stark…