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Author: Yingying Zhu, Partner at Beijing MINGDUN Law FirmEmail: zhu.yingying@mdlaw.cnDate: May 5, 2021 Introduction In China, compensatory damages are also called “actual damages”, which compensate a plaintiff for the losses suffered due to the harm caused by the defendant. In addition to compensatory damages, punitive damages may be awarded by judges in some exceptional cases. Punitive damages are known as having a 'quasi-criminal' nature and serving the function of punishing the defendant in a civil lawsuit. In fact, the purposes of punitive damages are two-fold: to punish ...
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Authored by Yingying Zhu March 2021Each of us leaves a lasting digital footprint on the internet and would expect businesses that we are dealing with could treat our digital privacy with reasonable care and consideration. Can users have a reasonable privacy expectation in the friends made and the books read online? The Beijing Internet Court in its recently released WeRead judgment holds that, friends list and reading data are not eligible for privacy protection in the case under dispute but nevertheless entitled to protection as personal information.BackgroundThe judgment is in...
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A Chinese Data Privacy Law with Strong Influences from the EU-China Releases the Draft on Its First Uniform Personal Information Protection LawAuthored by Yingying ZhuThe world has witnessed a torrent of lawmaking, regulatory design and enforcement activities regarding data privacy following the enactment of the General Data Protection Regulation (“GDPR”) [1] of the European Union in May 2018. At present, 132 out of 194 countries had put in place legislation to secure the protection of data and privacy. [2] The inadequacy of personal information protection in China has...
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