New Privacy Laws in India and China: A Barrier to Outsourcing

Indian Outsourcing operationsNew rules that significantly alter the privacy landscape in India and have profound implications for multinational companies outsourcing business to India or operating in India became effective April 13, 2011, when India introduced the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules. Meanwhile as India inks and…

Turning the Heat on I.C.E.: Freedom of Information Act and Electronic Metadata Collide

Electronic documents such as PDF files must include all metadata when being submitted in response to discovery requests according to a recent decision by the Southern District of New York. In Nat’l Day Laborer Organizing Network v. United States Immigration and Customs Enforcement Agency, the Court held that the Immigration and Customs Enforcement agency, in…

Enhanced Protection of Privacy to Change the Business Environment in China

When the Chinese legislature enacted a new criminal statute in 2009 penalizing unlawful acquisition and misappropriation of citizens’ private information, no one thought that the government would be serious in enforcing it. The reason was simple: privacy rights have not been fully defined in China, and unscrupulous exploitation of personal information, including sale and purchase…

Will PayPal Thrive in China? – China’s New Regulation of Third Party Payment Services

On June 21, 2010, the central bank of China issued long-awaited regulation for third-party payment providers. According to the regulation, non-bank payment service providers must apply for a license from the central bank and use banking institutions as agents when they transfer capital from each other. In addition, payment providers must keep customers’ funds in…