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ARTICLE · 17 JUNE 2022

Data Security: Three Lessons From China's First Criminal Compliance Case

Gowling WLG
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Between 2019 and 2020, a network technology company (the ''suspect company''), through its Chief Technology Officer (the ''CTO''), instructed the employees (most of whom are technicians)...

ChinaCorporate/Commercial Law
Ivy Liang
Ivy Liang
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Case summary

Between 2019 and 2020, a network technology company (the ''suspect company''), through its Chief Technology Officer (the ''CTO''), instructed the employees (most of whom are technicians) to illegally obtain data from a food delivery e-platform (the ''victim company'') by way of data crawler technology for the suspect company's business purposes. This illegal act caused direct economic loss of more than RMB 40,000 (approximately USD 6,000) to the victim company and is suspected of committing the crime of illegally obtaining computer information system data.

After entering the investigative phase of the case, the suspect company obtained the forgiveness from the victim company by actively compensating the loss. Upon receiving application of the suspect company, the Putuo District Procuratorate of Shanghai issued a procuratorial compliance proposal to the suspect company and initiated a compliance review plan.

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