China

Insight | Legal Alert

New Rules to Facilitate and Standardize Cross-Border Transfer of Data Outside China

On March 22, 2024, the Cyberspace Administration of China issued the long waited Provisions on Facilitating and Standardizing Cross-Border Data Flow, which took effect from the same date.

Overview

Our China lawyers advise clients on some of the most significant deals in the Chinese and international markets. We advised Metro AG on the sale of the majority stake in Metro China to Wumei, and CITIC Metal on its acquisition of an additional 10% stake in Ivanhoe Mines, as well as the USD 26 billion merger between CSR and China CNR, the two largest train manufacturers in China.

The quality of our work is reflected in the number of leading Chinese companies, multinationals and financial institutions that seek our advice, as well as the recognition we receive within the legal industry. We were named as International Firm of Year by China Law & Practice in 2020. We have also received the award of Law Firm of the Year (International) for the sixth consecutive year from 2016 to 2021 from the China Business Law Journal. Our corporate/M&A, banking and finance, capital markets, dispute resolution, employment, tax, intellectual property and compliance practices have also won major awards.

With nearly 300 qualified lawyers in China, we provide domestic and cross-border advice on mergers and acquisitions, capital markets, banking and finance, employment, real estate, IT & communications, intellectual property, dispute resolution and tax — all top-ranked practice groups by legal publications including Chambers Asia Pacific, the Legal 500 Asia Pacific, Asia Legal Business, China Law and Practice, and IFLR 1000. No matter the legal or business challenge, we work with colleagues across borders and practice areas to help clients achieve their strategic goals.

Baker McKenzie FenXun (FTZ) Joint Operation

We are the first international firm to be granted a joint operation license in the Shanghai Free Trade Zone. We were established in 2015 with PRC law firm FenXun Partners. This historic move enables us to provide Chinese and multinationals operating in China with aligned international and PRC legal services on corporate finance, M&A, reorganizations, FDI into China, antitrust, employment, intellectual property, and securities offerings, listings and IPOs.

Under Chinese regulations, our relationship with FenXun Partners is a joint operation, not a merger. Baker McKenzie and FenXun Partners remain structurally separate and function as independent law firms.

The Joint Operation Office received the Joint Operation Office Award – Law Firm of the Year from Chambers Asia Pacific, Chambers China Awards, 2020. This is a great recognition from the market.

>> Find out more information on our capabilities and our team in China

Offices

Beijing

Suite 3401, China World Office 2,
China World Trade Centre,
1 Jianguomenwai Dajie,
Beijing 100004

Tel: +86 10 6535 3800 Fax: +86 10 6505 2309

View Beijing Office

Hong Kong

14th Floor, One Taikoo Place
979 King’s Road, Quarry Bay
Hong Kong SAR

Tel: +852 2846 1888 Fax: +852 2845 0476

View Hong Kong Office

Shanghai

Unit 1601, Jin Mao Tower,
88 Century Avenue, Pudong,
Shanghai 200121

Tel: +86 21 6105 8558 Fax: +86 21 5047 0020

View Shanghai Office

Our lawyers in China have sophisticated technical skills, speak multiple languages and understand the needs and perspectives of both Chinese and global companies. These qualities enable our China offices to support domestic and international transactions with ease and help clients achieve their objectives.

Our M&A team of 100 lawyers across our Beijing, Shanghai and Hong Kong offices has a long history of structuring and executing corporate and M&A investments in Mainland China, including helping strategic and financial investors survey their options, customize their business strategies and navigate the government approval process. We also advise Chinese companies investing abroad.

Our capital markets practice, which covers Hong Kong, China and Asia Pacific, focuses on initial public offerings, compliance, corporate restructurings and public M&A. We advise clients in industries including oil and gas, real estate, TMT, life sciences and financial services.

Our employment practice covers all aspects of labor and employment law, including tax, immigration, discrimination, pensions, privacy, labor union and employee benefits. Our lawyers not only advise on local employment issues but also complex cross-border matters involving multiple jurisdictions.

Our intellectual property practice represents the owners of many of the world’s best-known brands, helping them manage their IP portfolios and comply with product regulations. We also lobby the Chinese government on IP matters through our involvement in the International Trademark Association, the International Anti-Counterfeiting Coalition and the Quality Brands Protection Committee.

In China, our real estate group is ranked a top-tier practice by numerous legal directories. From project development to financing and acquisition, we advise on commercial, residential, industrial, mixed use, infrastructure and other emerging assets. We also advise clients on listed REITs and unlisted private equity – style real estate funds.

Our award-winning tax practice advises clients across the Greater China region and beyond on tax planning, business and corporate structuring, M&A, tax controversy, litigation and transfer pricing, as well as personal tax matters.

We also provide local and global advice in the following areas:

Aircraft Finance
Antitrust & Competition
Banking & Finance
Compliance & Investigations
Dispute Resolution
Energy, Mining & Infrastructure
Financial Services & Regulation
Healthcare
Insurance
IT & Communications
Private Equity
International Commercial & Trade

Local Programs

Our PRC Global Internship offers up to four local PRC scholarship winners who have interned in our Beijing and Shanghai offices the opportunity to participate in one-month internships in one of our global offices. Interns receive USD 2,500 stipends, paid travel and accommodations and permanent job offers in our Beijing or Shanghai office upon completing the program. Participating offices include Sydney, Tokyo, Singapore, Kuala Lumpur, Jakarta, Sao Paulo, London, Paris, Istanbul, New York, Washington, DC, Chicago, and San Francisco/Palo Alto.

Regional Programs

We work with our colleagues across Asia Pacific to provide programs that focus on career development and technical skills. These include the Asia Pacific Associates program, the M&A Rising Stars program, the Local Partner Development Center and the Principal Leadership Program.

Global Programs

Our Associate Training Program offers associates the chance to gain broader legal and commercial experience through secondments to offices in other regions.

Get up-to-date information on the current legal and regulatory matters impacting your business. Search by country, industry and area of legal practice.

Key Contacts

Managing Partner
Tracy Wut

Partner
- Hong Kong
+ 852 2846 1619 Email
Chief Representative, Shanghai
Howard Hao Wu

Partner
- Shanghai
+ 86 21 6105 8538 Email
Chief Representative, Beijing
Stanley D. Jia

Partner
- Beijing
+ 86 10 6535 9393 Email

New Rules to Facilitate and Standardize Cross-Border Transfer of Data Outside China

Overview

Baker McKenzie FenXun (FTZ) Joint Operation

Offices

Beijing

Hong Kong

Shanghai

Local Programs

Regional Programs

Global Programs

Key Contacts

Managing Partner

Tracy Wut

Chief Representative, Shanghai

Howard Hao Wu

Chief Representative, Beijing

Stanley D. Jia