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Increased Government Oversight of User Data Protection and Implications on Messaging Apps

China’s Ministry of Industry and Information Technology (“MIIT”) has continued to amplify its scrutiny over media companies and the apps that they operate in the context of user data protection. One of the more visible examples includes the suspension of certain apps in late 2021, including WeChat, the ubiquitous Chinese social communications platform owned by the Chinese internet services giant Tencent. Given the popularity of such messaging apps in workplaces and how common it is for employees to use these apps for business purposes, companies with operations in China should consider the implications of potential further action by the MIIT or other Chinese authorities and the interplay between data privacy and the ability to monitor workplace conduct, as well as maintenance of accurate business records.

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Two Recent Decisions Provide Rare Guidance on the FCPA's Reach Over Foreign Nationals

Time to Read: 1 minutes Practices: Anti-Corruption / International Risk, Government Enforcement / White Collar Criminal Defense

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Two recent district court decisions have shed light on the reach and scope of the U.S. Foreign Corrupt Practices Act (FCPA) over foreign nationals: SEC v. Straub and SEC v. Sharef. For companies and individuals operating abroad, these cases provide rare judicial guidance on the reach of the FCPA’s anti-bribery and record-keeping provisions. Together, they reaffirm U.S. regulators’ long-standing position that the FCPA has broad applicability to foreign nationals, while also setting the outer limits of the civil scope of the FCPA.

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