AmCham Shanghai's Legal Committee invites you to join a hybrid briefing on key implications of newly announced US restrictions on bulk data transfers together with an update on the recent US-China related trade policy. The briefing will be held on Thursday, June 6th, from 3:00 p.m. to 4:45 pm, in the AmCham Shanghai conference room.

On February 28, 2024, U.S. President Biden issued an Executive Order ("EO") instructing the Department of Justice to work with other agencies in a whole-of-government approach to restrict bulk transfers of American's sensitive personal data to "countries of concern," including China.

On April 24, 2024, President Biden signed the Protecting Americans' Data from Foreign Adversaries Act of 2024 ("PADFA"), which was part of a broader foreign aid bill that also included provisions purporting to require Chinese shareholder divestment from the social media app Tik-Tok. PADFA directs the Federal Trade Commission to prohibit data brokerages from engaging in transactions involving sensitive personal data with a "foreign adversary country." The Bill will take effective on June 23, 2024.

To help member companies better understanding the key implications on their operations in China, we have invited the legal expert Mr. Philip Rohlik of Debevoise & Plimpton LLP, to provide his insights for the following aspects:

· A comparison to how these provisions are likely to compare with Chinese and European data protection regimes;

· An explanation of key terms such as "sensitive data", "adversary countries', "covered person," including issues being raised by U.S. entities as part of the notice-and-comment process;

· An overview of likely compliance program implications for U.S. companies doing business in China and Chinese companies doing business in the U.S.;

· A discussion of possible future actions under the whole-of-government approach; and

· A brief update on recent developments under UFLPA, proposed investment restrictions, and other legal trade/national security tensions in the U.S.-China relationship.

Agenda:

15:00 – 15:15 Registration and Networking

15:15 – 16:15 Presentation & Briefings

16:15 – 16:45 Q&A

16:45 Meeting Ends

*This is a hybrid event. You can choose to participate either online or offline during the registration process. If you choose to participate online, you will receive the zoom link within 48h before this event starts.