Compliance Conference 2022: Mitigating Corporate and Individual Liability Risks Go back »
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Time2022-12-13 | 14:30 - 17:50
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Venue:Shanghai Marriott Marquis City Centre, Ballroom 4&5, 5 floor
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Fee:Members: 300 |
Non Members: 600
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China has progressively stepped up enforcement of its anti-monopoly and data security regulations. On August 1, 2022, the amended Anti-Monopoly Law came into effect, prohibiting the use of certain technologies to engage in anti-competitive behaviour, raising the maximum fines for violations, and curbing abuse by administrative organizations. When it comes to data security, China has prioritised data protection, data privacy, and cybersecurity through a series of laws and regulations such as the Personal Information Protection Law. At this conference the speakers will focus on these two regulatory dimensions and discuss individual and corporate liabilities.
The regulatory environment is changing fast and non-compliance could expose a company to unforeseen risks, even civil and criminal penalties. For executives, directors, shareholders, and members of a corporation, it is imperative to have a clear understanding of the differences between corporate and individual liabilities and know how to mitigate the risk of individual liabilities.
Join us at the annual Compliance Conference to gain insights and receive guidance on emerging compliance risks and solutions, implement best practices and strategies, and share ideas with senior legal and compliance professionals.
Registration deadline: Friday 9th December
How to pay:
Pay while registering or pay onsite on event day.
Advisory Council members: two free tickets for each member
Invoice: digital 普票 will be issued to registrants who applied when doing registration, in 10 work days from 13th December.
*A 48-hour valid negative PCR test result is required for the entry.
Agenda
14:10-14:30, Registration and Networking
14:30-14:40, Opening Remarks, by Mr Edwin Li, Chair of the Compliance & Business Ethics Working Group, European Chamber; Vice President and General Counsel, DSM China
14:40-15:10, Keynote Speech One: Amended Chinese Anti-Monopoly Law and Trends by Mr Michael Han, Partner, Fangda Partners
15:10-16:00, Panel Discussion One (and Q&A): Mitigating Risks of Infringing Anti-Monopoly Law and Individual Liabilities for Executives
Moderator: Mr Victor Shen, Vice Chair of the Compliance & Business Ethics Working Group, European Chamber; Chief Legal Officer, Henkel North Asia; Executive Committee Member, Henkel Greater China
Panelists
- Mr Gang Chen, Senior Legal Counsel, Bosch (China) Investment Ltd.
- Mr Richard Nie, General Counsel, Schaeffler Greater China
- Ms Sophie Hou, General Counsel, ABInBev China
16:00-16:20, Coffee Break with Networking
16:20-16:50, Keynote Speech Two: Integrating Data Security Within the Corporate Compliance Program (centre on corporate liabilities) by Mr Michael Tan, Chair of the Legal and Competition Working Group, European Chamber; Partner, Taylor Wessing
16:50-17:40, Panel Discussion Two (and Q&A): Why Executives and Directors Should Care: Data Security Business Impact and Practices
Moderator: Mr Felix Hess, Vice Chair, Compliance & Business Ethics Working Group, European Chamber, VP and Head of Compliance for Siemens in China
Panelists:
- Mr Gil Zhang, Partner, Fangda Partners
- Mr Roger Yao, General Counsel, HSBC Bank (China) Company Limited
- Ms Stella Ding, Senior Legal Counsel, DSM Greater China
- Mr Xiaoju Feng, VP Legal APAC, Business Ethics & Compliance Officer, Saint-Gobain Asia Pacific
17:40-17:50, Closing Remarks, by Mr Edwin Li, Chair of the Compliance & Business Ethics Working Group, European Chamber; Vice President and General Counsel, DSM China
Terms & Conditions:
Events have limited capacity so to ensure your attendance we encourage advance online registration for all our events. We cannot guarantee entry to anyone not registered in advance.
All our events are held in English and follow the Chatham House Rule unless otherwise stated.
Cancellation Policy:
If you cannot attend an event for which you have registered, please cancel your registration no later than one business day prior to the event. If you fail to notify us of your cancellation in a timely fashion, you will be charged for event costs.
To cancel you can: 1) email at tyji@europeanchamber.com.cn, or 2) cancel online if you registered for the event through the website
Advisory Council Policy:
Members of the Advisory Council may receive complimentary admission to Chamber seminars, conferences and factory visits up to two attendees per event. Additional participants will be charged at the member rate.
Advisory Council members will still be charged the standard member rate for participation in training courses and special events, such as gala balls, government appreciation dinners, or admission to tournaments.
Disclaimer 免责声明:
Participants must maintain proper social distancing norms and abide by the Shanghai Municipal Government’s Epidemic Prevention and Control Rules (eg. wearing masks and so on). If you do not follow the relevant regulations, the European Union Chamber of Commerce in China assumes no responsibility for any of your physical discomfort caused during and after the event. Thank you for your cooperation.
参与活动时,参会人应与他人保持适当距离(防疫考虑)并遵守上海市政府颁布的疫情预防控制要求(例如佩戴口罩等)。如您违反要求,中国欧盟商会将对您在活动中或活动后的任何身体不适,不承担任何责任。感谢您的理解与配合。
Please note that the European Union Chamber of Commerce in China (as the host of the event) might take photographs from the event and post these on its public webpage (or social media platforms) in order to create awareness of these events. By attending this event you consent to the European Union Chamber of Commerce in China taking and using such photographs as described above.
Speakers
Mr. Edwin Li
Mr. Edwin Li
Edwin Li is Vice President & General Counsel for DSM China in charge of the company’s legal, IP and compliance matters in Greater China.
Prior to joining DSM in 2017, Edwin served as General Counsel & Compliance Officer for a Fortunate 100 MNC’s China operations for 9 years. Edwin also practiced law for over 15 years with domestic and foreign law firms in China and USA with focus on cross-border transactions, M&As, foreign direct investments in China, technology licensing, general corporate and FCPA compliance. Edwin holds Master of Law from East-China University of Politics and Laws and Juris Doctor from University of Maine School of Law. Edwin is qualified to practice law in the Commonwealth of Virginia, USA and P.R. China, and an arbitrator at Shanghai International Economic and Trade Arbitration Commission. Edwin served as Chair/Vice Chair of Compliance & Business Ethics Working Group, EUCCC since 2015.
Royal DSM is a global science-based company active in health, nutrition and sustainable living. DSM and its associated companies deliver annual net sales of about $10 billion in 2021 with approximately 23,000 employees. The company is listed on Euronext Amsterdam.
Mr. Michael Han
Mr. Michael Han
PRACTICE AREAS
Mr Han’s practices focus on Chinese competition issues relating to M&A, joint ventures, horizontal and vertical arrangements, antitrust investigations and litigation, and compliance advisory.
Mr. Han has more than 15 years of experience in advising clients on all aspects of Chinese competition law, covering a broad range of industry sectors, including chemicals, consumer products and retail, container shipping, energy and natural resources, financial institutions, healthcare, high-tech, infrastructure and transport, private equity and telecoms. Mr. Han also has extensive experiences in advising clients on issues relating to PRC national security review for foreign investment.
Before joining the firm, Mr. Han was based in China as a partner of a leading international law firm, heading its antitrust practice in the Greater China region. Michael has also worked as an official with MOFTEC (now the Ministry of Commerce, or MOFCOM). He offers clients advice drawn from his rich experience as both a regulator in China and as a practitioner.
In addition to his understanding and knowledge of MOFCOM, Mr. Han had extensive experience in dealing with the other two anti-monopoly enforcement agencies that regulated conduct under the anti-monopoly law — the National Development & Reform Commission (NDRC) and the State Administration for Industry and Commerce (SAIC) — before their merger with MOFCOM into the State Administration for Market Regulation (SAMR). This experience enables him to keep clients abreast of legal developments in a timely fashion, while providing practical compliance advice.
Mr. Han has been ranked as a Band 1 lawyer in Chinese competition/antitrust law by Chambers Asia every year since 2009. He is also recognized as a leading antitrust practitioner in China in Global Competition Review’s International Who’s Who of Competition Lawyers and PLC’s Which Lawyer.
REPRESENTATIVE MATTERS AND CASES
Antitrust
• Advised Eastman Chemical Company, a global manufacturer of chemical products, on the first abuse of dominance investigation initiated by the SAIC in the industry, as well as on an NDRC investigation into resale price maintenance
• Advised Höegh Autoliners, an international shipping company, on the first successful defense against an NDRC cartel investigation in the PRC
• Advised three state-owned port groups (Tianjin Port, Dalian Port and Yantian Port) on reaching favorable results in an NDRC antitrust investigation into alleged abuses of dominance
• Advised Singamas on reaching a favorable settlement in an antitrust investigation by Tianjin DRC
• Represented Medtronic, a multinational medical devices company, in successfully obtaining reduced fines in an NDRC investigation
• Advised Chrysler, Daimler and Chang’an Ford in successfully obtaining reduced fines in three out of the five published NDRC resale price maintenance cases against multinational automobile companies
• Advised three multinational automobile companies in similar resale price maintenance investigations initiated by the NDRC
• Advised GN Audio, a global producer of headset and conference equipment, on responding to a local DRC investigation into resale price maintenance
• Advised a leading global high-tech company in handling an SAIC antitrust investigation
• Advised a US high-tech company in reaching a favorable settlement in an NDRC antitrust investigation
• Advised a multinational auto parts company on its strategies in applying for leniency from the NDRC in a cartel case
• Advised a German manufacturing company in handling a dawn raid and antitrust investigation initiated by the NDRC
• Advised a European IT company in an NDRC antitrust investigation into the company’s licensing practices
• Advised a multinational manufacturer in handling an SAIC antitrust investigation
• Advised a multinational technology company in conducting a full antitrust audit of its China business
• Advised a Chinese internet services company on alleged abuse of dominance issues in the IT sector
OTHER INFORMATION
"Michael Han is one of the country's leading experts on competition law. His expertise is routinely sought after by some of the world's largest multinationals operating in China who find themselves facing antitrust investigations. 'Michael Han's skills are very good,' confirms one client, going on to describe him as 'very rich in experience.'"——Chambers Asia 2020
Education
• Harvard Law School, LL.M
• Wuhan University Law School, Ph.D in law
Professional Qualification
• Admitted to practice in the PRC
• Admitted to practice in New York
Mr. Victor Shen
Mr. Victor Shen
With over 19-years experiences in multinational corporation’s legal affairs management and compliance, Victor used to work in a Hong Kong red-chip mobile communication company, a multi-national cosmetics company, and a world-class retail conglomerate. His extensive experience has equipped him with rich business knowledge of various industries, a sharp sense of different industry sectors and legal practice experiences. Victor has worked at Henkel for over 13 years, during which he has led his team handled numerous and complicated legal affairs and projects in the areas of international & domestic restructuring, divesture, mergers & acquisitions, labor, anti-trust, tax, customs, dispute resolution, government affairs, compliance and corporate governance. Victor’s performances has won him a high recognition from the Headquarters’ management, and he was elected as one of the Top General Counsel in 2015 by Asia Legal Business of Thomson Reuters and ranked one of GC Influencer of Greater China by Chambers in 2018 and 2019 consecutively as well as GC Power-list by Legal500 for consecutive years. Victor’s current practices and study interests concentrate on the legal systems of foreign direct investment, anti-trust, mergers & acquisitions, tax law, compliance and corporate law. Victor is also an active columnist at LexisNexis China and is invited from time to time by professional forums as the guest speaker on the above-mentioned areas.
Mr. Gang Chen
Mr. Gang Chen
Mr. Chen worked in Bosch for more than twenty years, with a comprehensive legal knowledge and profound insights on the operation of a foreign investment enterprise (FIE) in China, particularly focus on the fields of anti-trust law, foreign direct investment, merger & acquisition, venture capital and private equity etc.;
Mr. Chen has led the antitrust compliance work of Bosch China for more than ten years, including structuring of anti-trust compliance scheme of company, making anti-trust compliance policies with reflecting Chinese context and practices, providing legal advice to the EU HQ and China management, conducting intensified anti-trust compliance trainings as well as the internal investigation. As one of the core legislative Working Group members, Mr. Chen represented Bosch China and the China automotive sector (auto part manufacturer) and participated in the legislation of the China Automotive Anti-monopoly Guidelines which was led by the China National Development and Reform Commission (NDRC).
Mr. Richard Nie
Mr. Richard Nie
Richard has over 20 years experiences in multinational corporation’s legal affairs management and served as General Counsel of Schaeffler Greater China since 2007.
Ms. Sophie Hou
Ms. Sophie Hou
Sophie(Kanghua) Hou have been working with ABInBev for over 12 years and is now the General Counsel for China. Sophie and her team are taking care of the legal issues related to the group’s China Business, including but not limited to anti-trust, cyber security, mergers & acquisitions, dispute resolutions, corporate governance, IP, labor and contract management.
Sophie received her LL.B from Fudan University and her LL.M from KU Leuven of Belgium on international business law. Besides her law practices, Sophie is an owner of the certificate of psychologists and Unitar GSPT International Psychological Counselor. Sophie was also qualified by the Internal Association of Privacy Professionals as Certificated Privacy Manager in 2022.
Mr. Michael Tan
Mr. Michael Tan
Michael has more than 20 years of experience in advising international companies on their operations in and with China. He has profound experience advising industrial clients in various sectors, covering all legal aspects of a typical investment deal like market entry and joint ventures, M&A restructuring and exit. Throughout his two decades’ practice, Michael has been gradually converging his energy on technology driven business and has built up his reputation and connections in the circle.
As the first Chinese partner of Taylor Wessing, Michael is now heading the firm's TMC practice for China. Besides his expertise regarding general corporate and commercial matters, he specializes in IT regulatory and data/privacy protection areas. Michael holds CIPP/E certification as granted by the International Association of Privacy Professionals (IAPP). At the same time, he frequently publishes articles and comments on IT and technology related legal topics.
Michael is National Vice Chair of the Legal & Competition Working Group under the European Chamber of Commerce. He also serves as an arbitrator of the Shanghai International Arbitration Center.
Michael studied law at the University of International Business and Economics in Beijing (UIBE), China, where he also completed his LLB and LLM degrees in 1997 and 2000 respectively. In 2006, Michael received his law doctorate from UIBE. In 1997, Michael was admitted to the Chinese bar. After practicing in domestic law firms, he worked in the Beijing office of a major international law firm from 2000 to 2002. In 2002, he joined Taylor Wessing in the Shanghai office. As of 2007, he has been appointed as a partner of Taylor Wessing.
Mr. Felix Hess
Mr. Felix Hess
Felix, a German lawyer by training, studied in Berlin, Sydney and Beijing. He started his career in China where he worked in private practice for 8 years. In 2011 he relocated to Germany and joined the Legal and Compliance Department of Siemens. After several years in Siemens Headquarter Felix took over the role as General Counsel and Compliance Officer for Siemens in Qatar and Kuwait. He is now based in Shanghai leading Siemens Compliance team in China.
Siemens is a technology company focused on industry and infrastructure. From more resource-efficient factories and resilient supply chains to smarter buildings and grids, Siemens creates technology with purpose for its customers by combining the real and the digital worlds.
Mr. Gil Zhang
Mr. Gil Zhang
Mr. Zhang specializes in privacy and data protection, cyber security and regulatory compliance. Mr. Zhang practiced in private practice and in-house as senior counsel for many years. He has extensive experience in corporate and compliance work.
Mr. Zhang has advised many clients on global GDPR compliance projects. He has extensive experience in setting up data protection compliance programs in China and localizing GDPR-centric data protection programs and FTC privacy management programs in China. He has also worked on and managed the global Binding Corporate Rules project. He has extensive experience in managing global compliance projects, law enforcement actions, and setting up data protection governance structures as well as various processes to comply with EU GDPR, US laws and personal data protection laws of non-European countries, including China and APAC countries.
Mr. Zhang also advises clients on various law enforcement and contentious matters, such as criminal investigations into alleged infringement of data protection rights, mandatory privacy audits, misappropriation of confidential information by employees, and data breach response and reporting in various jurisdictions. He also advises various clients on data protection issues in relation to emerging technology such as artificial intelligence, internet of things, big data, and driverless cars.
Mr. Zhang has worked on various personal data protection related matters. These matters include conducting due diligence on target company compliance with Chinese data protection laws in M&A and investment transactions, data mapping, designing personal data collection and consent mechanisms, conducting supplier data protection due diligence, advising on cross-border data transfers and security assessments, drafting privacy policies and app user agreements, advising on data protection impact assessments (DPIA), drafting internal employee-facing privacy compliance requirements, handling data subject requests (DSR) and designing automated DSR processes, and reporting data breaches.
Mr. Roger Yao
Mr. Roger Yao
Working Experience
Roger (Jianbo) Yao joined HSBC Bank (China) Company Limited in October 2009. Roger is now the General Counsel of HSBC China, being in charge of all legal issues of the bank, and a member of the bank’s executive committee. Before joining HSBC, Roger was a senior associate of Jun He Law offices and had been working in its banking and finance team for 7 years.
Qualifications
Roger is admitted to both the China Bar and the New York Bar.
External Membership
- Vice Chairman, China Banking Law Society
- Standing Member, Legal Committee, China Banking Association
Ms. Stella Ding
Ms. Stella Ding
Stella is Senior Legal Counsel for DSM Greater China responsible for a wide range of legal matters for a global-wise business unit and compliance matters in Greater China and focusing on M&As, FDI, JVs, cross-border transactions, general corporate, cyber security and data protection etc.
Stella has been working as a legal professional for more than 16 years and gained profound experience in a top Chinese law firm and 3 Fortune 500 MNC’s China operations covering both legal and compliance aspects. Stella received her LL.M from Melbourne University, Australia and was qualified to practice law in P.R. China.
Mr. Xiaoju Feng
Mr. Xiaoju Feng
FENG Xiaoju, VP Legal & Compliance Officer of Saint-Gobain APAC Region, is now looking after 14 jurisdictions across the region. He ever worked in King & Wood Mallesons Shanghai office for corporate matters, and then for Deloitte as China Legal Counsel covering all service lines. After that, he moved to AREVA T&D as China Legal Director in power and energy sector and joined Saint-Gobain since 2010. Prior to the above, he had worked as Branch GM in a State-owned Enterprise engaged in international EPC projects in sectors of power and petrochemicals in many countries for 10 years.
The honors FENG Xiaoju earned in recent years, to name a few, including Thomson Reuters ALB “General Counsel Profiles” (总法名人榜) 2021, Thomson Reuters ALB “China Top 15 GC” (2020), Legal 500 “GC Power List China” (2019), Legal 500 “GC Power List China” (2018); he also led the team shortlisted twice of ALB China “MNC In-house Team of the Year – Finalist”.