The entry into force of the new Personal Information Protection Law of the PRC is posing new strict compliance requirements for the handling of personal information of employees. This is particularly sensitive for those companies which (i) have to share the aforesaid information to HQ located outside the territory of the PRC (cross-border transfer of data); (ii) rely on HR management software whose servers are located outside the territory of the PRC; (iii) externalize certain HR-related services such as payroll management. In order to avoid the risk of penalties, Employers shall thus ensure such compliance by implementing dedicated policies and further actions as per regulatory requirements (e.g., obtaining express and specific consent from employees, implementing a dedicated policy, appoint personnel responsible for data protection, organize trainings).
Besides,managing personnel in China can be a challenging task for both new and established foreign business in the country. Challenges are faced by companies in different sectors at different development stages. The assessment of internal HR policies, regulations, and compliance with the relevant laws by engaging a third party can have an invaluable effect on business operations, by not only mitigating risk but also adding value and improving the productivity and well-being of staff.
In the context of the above situation, the European Chamber Nanjing chapter is pleased to invite you to join the seminar which is co-organized with D’Andrea & Partners Legal Counsel and PHC Advisory Tax & Accounting, both companies of DP Group.
Content:
Topic 1: Handling of Personal Information of Employees - Overview and Compliance Suggestions in Light of the New Legislation on Personal Information Protection
- Short Overview of the main legal framework for the protection of personal data in the PRC and its evolution (e.g. Cybersecurity Law of the PRC, Civil Code of the PRC, Data Protection Law of the PRC, Personal Information Protection Law);
- Analysis of the main aspects of the recent Data Protection Law and Personal Information Protection Law relevant for the correct handling of employees’ data, with particular respect to the (i) handling of personal information; (ii) the special rules for sensitive personal information; (iii) the obligation of employers as “personal information handlers”; (iv) the cross-border transmission of personal data;
- Analysis of the applicable penalties in case of non-compliance and possible related risks.
- Practical suggestions and guidance on the implementing actions Employers shall implement to ensure compliance.
Topic 2: Overview and Effective Personnel Management in China
- Introduction to conducting an Internal HR Audit in China – purpose of assessment, key focus areas, and discussion on how the Internal HR Audit can add value to businesses;
- Key focus areas: (i) Salary calculation and verification (ii) Updates on HR-related regulations, laws, and most recent news that are expected to affect the operations (iii) Review and analysis of the activities performed by the HR Department, including internal company/group policies, assessment of effectiveness of HR processes within a firm and conflict management valuation (iv) Analysis of Staff composition and Labor Union Fund;
- HR regulations for efficient risk management and mitigation approaches and common pitfalls: Case studies;
- Practical suggestions and guidance on implementing effective internal HR policies.
Agenda:
- 14:10 – 14:30 Registration
- 14:30 – 15:00 Tony Xu, Senior Associate at D’Andrea & Partners Legal Counsel - Handling of Personal Information of Employees - Overview and Compliance Suggestions in Light of the New Legislation on Personal Information Protection
- 15:00 – 15:30 Nikita Polishchuk, Financial Analyst at PHC Advisory Tax & Accounting - Internal HR Audit in China – Overview and Effective Personnel Management in China
- 15:30 – 15:45 Q&A Session
Note: This is a member only event. If you are not sure about your membership with the chamber, please feel free to contact Annie at azhou@europeanchamber.com.cn.
Payment：
1. Bank transfer:
RMB Bank Account
A/C Name: 中国欧盟商会
A/C No.: 7110210182500027543
China CITIC Bank 中信银行京城大厦支行
Capital Mansion Sub Branch
No. 6, Xinyuan Nan Road
Chaoyang District, 100004 Beijing
北京市朝阳区新源南路6号京城大厦
S.W.I.F.T. Code: CIBKCNBJ100
2. Online pay through Wechat.
Terms & Conditions:
This event has limited seating and requires registration and payment in advance. No walk-ins accepted.
Cancellation Policy:
If you cannot attend this event, please cancel your registration at least 3-working days before. If you fail to notify us of your cancellation in a timely fashion, you will be charged for event costs.
To cancel, please contact Ms. Annie Zhou at azhou@europeanchamber.com.cn.
Disclaimer免责声明:
Participants must maintain proper social distancing norms and abide by the Government ’s Epidemic Prevention and Control Rules. If you do not follow the relevant regulations, the European Union Chamber of Commerce in China accepts 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，中国欧盟商会对于您在活动中或者活动后的身体不适，不承担任何责任。 感谢您的理解和配合。
