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China - Employment

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China - Employment

1. The Law

1.1. Key legislation and regulations
1.2. Official guidelines
1.3. Supervisory authorities
1.4. Applicable case law and enforcement decisions

2. Recruitment and Selection

2.1. General requirements for collection, processing, and disclosure of data
2.2. Advertising a position and requirements for data collection regarding CVs, tests, evaluations
2.3. Requirements and restrictions in relation to diversity data and background checks
2.4. Obligations of the employer to protect candidates' right to privacy during interview process
2.5. Employer's right to ask questions/request references
2.6. Candidate's obligation to reveal information
2.7. Retention of recruitment records
2.8. Information to be provided when acting as a referee

3. Employment Records

3.1. General requirements for collection, processing and disclosure of data
3.2. General requirements for the collection, processing, and disclosure of employees' sensitive information
3.3. General Exceptions
3.4. Retention of employment records
3.5. Disclosure to works councils, state authorities, arbitration courts, etc.

4. Employee Data Transfers

4.1. Legal grounds
4.2. Mechanisms for the transfers of data
4.3. Sensitive data
4.4. Information provision requirements
4.5. Notification requirements

5. Teleworking

6. Sanctions

6.1. Criminal and civil liabilities

November 2023

1. The Law

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About the authors

Dora Luo (Duoqun)

Hunton Andrews Kurth

Dora Luo (Duoqun) is Partner in the firm's Beijing office. Dora specialises in general corporate, privacy, and cybersecurity law. Dora counsels clients on the impact of Chinese privacy laws and general corporate matters, including privacy compliance requirements, mergers and acquisitions, and inbound as well as outbound investment in the People's Republic of China. Dora Luo (Duoqun) is also a Phd candidate of School of Law, Beihang University, China.

[email protected]

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China - Employment

Table of Contents

November 2023

1. The Law

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China - Employment

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November 2023

1. The Law

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