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Hon. Martin Cauchon, C.P., LL.M., IAS.A, Ad. E.

Martin Cauchon advises his clients primarily in international business law. He facilitates his business relationships with his clients by providing strategic advice on development, acquisitions, and strategic alliances. He draws on his years of experience as a member of senior management of companies, during which he designed and negotiated numerous transactions and alliances for Canadian ...

Team

Nathaly J Vermette

Nathaly J. Vermette is a lawyer and trade-mark agent practicing in the area of business law with a focus on intellectual property law at the Montreal office of DS Avocats. She assists Canadian and international clients in acquiring, protecting and monetizing their intellectual property rights. She suports them in the registration and protection of property rights ...

Team

Asia Newsletter #2

Data protection and privacy legal frameworks are evolving rapidly worldwide, and Asia is no exception. Over the past two years, several key jurisdictions have adopted new regulations or updated their existing data protection laws. These regulations, heavily influenced by the EU’s GDPR, set high standards of compliance for organizations handling personal data. Our Asia-based teams ...

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Asia Newsletter #3 – Navigating the EU ESG regulatory landscape in Asia (China)

Exploring the impact of the EU sustainability reporting landscape on companies in Asia The European Union (“EU”) has been a driving force in environmental, social and governance (“ESG”) regulations. The EU’s environmental policies are part of a broader commitment to the Sustainable Development Goals (“SDGs”), adopted by the United Nations General Assembly[1] in 2015. These ...

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Asia Newsletter #3 – Navigating the EU ESG regulatory landscape in Asia (India)

Exploring the impact of the EU sustainability reporting landscape on companies in Asia The European Union (“EU”) has been a driving force in environmental, social and governance (“ESG”) regulations. The EU’s environmental policies are part of a broader commitment to the Sustainable Development Goals (“SDGs”), adopted by the United Nations General Assembly[1] in 2015. These ...

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Asia Newsletter #3 – Navigating the EU ESG regulatory landscape in Asia (Indonesia)

The European Union (“EU”) has been a driving force in environmental, social and governance (“ESG”) regulations. The EU’s environmental policies are part of a broader commitment to the Sustainable Development Goals (“SDGs”), adopted by the United Nations General Assembly[1] in 2015. These goals address critical global challenges such as climate change, environmental degradation, and social ...

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Asia Newsletter #3 – Navigating the EU ESG regulatory landscape in Asia (Introduction)

The European Union (“EU”) has been a driving force in environmental, social and governance (“ESG”) regulations. The EU’s environmental policies are part of a broader commitment to the Sustainable Development Goals (“SDGs”), adopted by the United Nations General Assembly[1] in 2015. These goals address critical global challenges such as climate change, environmental degradation, and social ...

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Asia Newsletter #3 – Navigating the EU ESG regulatory landscape in Asia (Singapore)

Exploring the impact of the EU sustainability reporting landscape on companies in Asia The European Union (“EU”) has been a driving force in environmental, social and governance (“ESG”) regulations. The EU’s environmental policies are part of a broader commitment to the Sustainable Development Goals (“SDGs”), adopted by the United Nations General Assembly[1] in 2015. These ...

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Asia Newsletter #3 – Navigating the EU ESG regulatory landscape in Asia (Vietnam)

Exploring the impact of the EU sustainability reporting landscape on companies in Asia The European Union (“EU”) has been a driving force in environmental, social and governance (“ESG”) regulations. The EU’s environmental policies are part of a broader commitment to the Sustainable Development Goals (“SDGs”), adopted by the United Nations General Assembly[1] in 2015. These ...

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Data regulation – China

Data protection and privacy frameworks are increasingly being developed globally. This is particularly the case in Asia: in the past two years, several key jurisdictions, including China, India, Indonesia and Vietnam have either introduced their jurisdiction’s first-ever comprehensive data protection laws or are updating and reforming their existing privacy laws. These regulations are very much ...

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Data regulation – India

Data protection and privacy frameworks are increasingly being developed globally. This is particularly the case in Asia: in the past two years, several key jurisdictions, including China, India, Indonesia and Vietnam have either introduced their jurisdiction’s first-ever comprehensive data protection laws or are updating and reforming their existing privacy laws. These regulations are very much ...

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Data regulation – Indonesia

Data protection and privacy frameworks are increasingly being developed globally. This is particularly the case in Asia: in the past two years, several key jurisdictions, including China, India, Indonesia and Vietnam have either introduced their jurisdiction’s first-ever comprehensive data protection laws or are updating and reforming their existing privacy laws. These regulations are very much ...

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Data regulation – Singapore

Data protection and privacy frameworks are increasingly being developed globally. This is particularly the case in Asia: in the past two years, several key jurisdictions, including China, India, Indonesia and Vietnam have either introduced their jurisdiction’s first-ever comprehensive data protection laws or are updating and reforming their existing privacy laws. These regulations are very much ...

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Data regulation – Vietnam

Data protection and privacy frameworks are increasingly being developed globally. This is particularly the case in Asia: in the past two years, several key jurisdictions, including China, India, Indonesia and Vietnam have either introduced their jurisdiction’s first-ever comprehensive data protection laws or are updating and reforming their existing privacy laws. These regulations are very much ...

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Listed Issuer Financing Exemption: An Easier Way for Public Companies to Raise Capital

Raising capital is about to get a bit easier for public companies.   Starting November 21, 2022, public companies will be able to raise funds under a new prospectus exemption recently announced by the Canadian Securities Administrators. The Listed Issuer Financing Exemption under NI 45-106 uses a simplified offering document which avoids the cost and time ...

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Understanding France’s burden of proof

Over the last few years, the system of evidence in French employment law has undergone major changes, notably regarding the burden of proof or types of proof that are admissible. Under French civil law, the burden of proof is on the party claiming facts. So, as a principle, unless otherwise provided, the claimant can bring ...

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Women in the workplace

Introduction In 2019, the World Economic Forum proudly announced that the time to achieve parity [1] had been reduced to 99.5 years (from 108 years in 2018). Fast-forward to the Covid-19 pandemic, in 2021, the time to close the gender gap has increased by one generation according to the World Economic Forum’s 2021 Annual Report ...

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[China] – Enterprise Deregistration Guidelines

On 28 December 2021, the National Market Regulation Administration, the National Tax Office, and three other authorities jointly issued the new Delisting Guidelines, which replace and supersede the previous version dated 2019. These guidelines outline the basic procedure for exiting the market. Details by Yaqin Niu from our Beijing office.

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[China] – Getting Ready for the Revamped Merger Control Regime

In China, as in the EU and the US, merger control has potentially been a key step for cross-border mergers, acquisitions and joint ventures. As a concentration of economic operators can lead to a concentration of market power, economic operators must obtain merger approval from the Chinese Market Regulation Administration (the “SAMR”) for their proposed ...

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[China] – What you need to know from the legal perspective to approach the NFT market

In the Web 3.0 era, the applications of NFTs are not limited to digital collections. China’s regulations on NFTs and other digital economies are different from others. Ziping Song from our Shanghai office introduces what NFTs are and presents the possible legal issues that can be encountered in the Chinese market.

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China – All you need to know about connected car data

The year 2021 is a landmark year for data protection in China. After the Civil Code of the People’s Republic of China came into force earlier this year, the Data Security Law (“DSL”) and the Personal Information Protection Law (“PIPL”) were successively enacted, forming the legal framework for data protection in China. Our teams share ...

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China – Are WeChat Conversations Admitted as Evidence by the Courts?

[Labour Law] – WeChat is the most popular social network in China. It is used daily as a professional communication and management tool. It is also regularly used to manage attendance, send information and contracts, organise meetings, hold online meetings, etc. One of the recurring questions being asked is whether all of these WeChat conversations ...

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China – Business Name Registration Reform

[Corporate Law] – Following a decree promulgated on December 28th, 2020, the State Council issued a revised regulation on registering business names (the “Provisions”). These Provisions have come into effect on March 1st, 2021, with the purpose of standardizing business name registration, protecting the legitimate rights and interests of enterprises, maintaining social and economic order, ...

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China – Can the powers of the general meeting of shareholders be delegated to the board of directors ?

Our teams decipher the current state of Chinese legislation on the delegation of power from the shareholders’ meeting (or general meeting) to the board of directors, by first recalling the respective powers of these two bodies.

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China – data : manage it or endanger it?

Data issues are likely to have been on the agenda of many companies operating in China since last year, particularly foreign-owned enterprises (“FIEs”). Since the enactment of China’s key data laws, namely the Data Security Law (“DSL”) and the Personal Information Protection Law (“PIPL”), additional measures and recommendations have been issued, providing a clearer picture ...

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China – Fourth revision of the Patent Law

[Patents] – Introduced in 1985 and revised three times, after eight years of discussions, the fourth revision of the Patent Law of the Republic of China will come into effect on 1 June 2021. Sylvie Savoie and Chen Xiaoyun present the main changes in this new version.

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China – How to deal with the inter-provincial social contribution ban?

Companies, if some of your employees are based in an area where you do not have a local legal structure, you may be using a third party company to pay their social contributions on your behalf. Please note that the use of the inter-provincial social contribution system does not comply with Chinese laws and regulations. ...

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China – IIT Subsidy for High-level Foreign Talents in Beijing

[Income Tax] – Certain foreign senior executives, scientific or technical directors may qualify as high-level foreign talents and as such are eligible for a tax subsidy on their personal income Check your eligibility with Shunshan HE and Sylvie Savoie. Applications for the year 2020 can be submitted between July and August 2021. Detailed evaluation criteria ...

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China – Keep away from employees with “bad faith”

[Employment Law] – The phenomena of employees abusing the litigation rights granted by Chinese laws and regulations to obtain “personal benefits” seems to have been regularly increasing. Isabel Moga Rella and Ding Yu present a case where a company dismissed an employee who had failed to meet the Company’s requirements in the first two months of ...

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China – Medical Devices – Clinical Evaluation and Clinical Trials : Balance between Safety and Innovation before Marketing

Second newsletter of our series dedicated to Medical Devices Regulation in China further to the promulgation of the Regulations on Supervision and Administration of Medical Devices, which entered into force on June 1st, 2021. In this newsletter we will take a closer look at clinical evaluation and clinical trials. The 2021 Regulations encourages, through different ...

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China – Medical Devices – Medical Device Registrant System in China

Third newsletter of our series dedicated to Medical Devices Regulation in China further to the promulgation of the Regulations on Supervision and Administration of Medical Devices, which entered into force on June 1st, 2021. We have previously looked at the broad outlines of the 2021 Regulation, before detailing the provisions on clinical evaluation and clinical ...

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China – Medical Devices – Online Sales of Medical Devices in China

Fourth (and final) newsletter of our series dedicated to Medical Devices Regulation in China further to the promulgation of the Regulations on Supervision and Administration of Medical Devices, which entered into force on June 1st, 2021. In this newsletter we focus on online sales of MDs and see what the regulatory requirements under the 2021 ...

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China – New Health Protocol for Imported Goods Marketed in China

[Customs and international trade] – All companies that process, load and offload, transport, store or sell all types of goods imported into China must apply the provisions of Notice 17, the Protocol on Covid-19 Prevention and Control Mechanisms applicable to manufacturers and trade operators of goods imported into China. For cold-chain products, companies must refer to the even ...

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China – New Medical Device Regulations

On 18 March 2021, the State Council promulgated the Regulations on Supervision and Administration of Medical Devices, which will take effect on 1st June 1st, 2021 (the “2021 Regulations”). Compared with the existing Regulations on Supervision and Administration of Medical Devices (lastly revised in 2017), the 2021 Regulations focuses more on innovation and development of ...

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China – New Registration Fee Law

On 10 June 2021, China adopted the Registration Fee Law, which will come into effect on 1 July 2022, and will replace the Provisional Registration Fee Regulations dated 6 August 1988. The new Law, while maintaining the general framework of the old registration fee system, simplifies and updates the taxable acts and tax rates. Decoding ...

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China – New Rules for Registering Cosmetics

[Cosmetics] – A new Cosmetics Supervision and Administration Regulation simplifies the rules that apply to registering and controlling cosmetic products sold in China. This newsletter presents the main changes affecting cosmetics manufactured outside of China and imported into China for marketing purposes. The rules that apply to domestic cosmetics are slightly different to those that ...

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China – New rules on voluntary disclosure of customs violations published

In order to encourage companies to voluntarily rectify their customs non-compliance, China’s General Administration of Customs has just issued new rules regarding administrative penalties normally applied to customs violations. These rules will be in effect from July 1, 2022 to December 31, 2023. Yijun Liu from our Shanghai office outlines in this brief what types ...

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China – Overview of legal developments on data protection and cybersecurity in 2021

2021 is a big year for data protection and cybersecurity, and in particular a milestone for the protection of personal information (“PI”). In addition to the well-known Data Security Law (“DSL”) and the Personal Information Protection Law (“PIPL”), there are also other regulations and guidelines already promulgated or in the pipeline, which may to some ...

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China – Stricter requirements under the New Production Safety Law

The Standing Committee of the National People’s Congress issued the new revised Production Security Law on 10 June 2021, which came into effect on 1 September 2021. The main objective of this New Production Safety Law is to improve the control and prevention of hazards in the workplace and to strengthen the penalties for violations ...

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China – The protection of business secrecy

Nowadays, many companies are beginning to realise the crucial importance of commercial and technical information for their business and development, so protecting business/commercial secrets is becoming a priority. Unfortunately, it appears that nearly 70% of the legal proceedings brought by companies against their former employees on the basis of a violation of business secrets are ...

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China – The Reform of Chinese Export Control Legislation

[Expert control] – The new regime will enter into force on December 1st, 2020 China engaged over the last few years a deep review of the regime it had initially set in 1990s. China will now implement a rather autonomous export control, intended to safeguard national security and interests and perform non-proliferation obligations. Control principles ...

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China – Withdrawal of tax exemption on allowances for foreign employees

[Income Tax] – With the 1st of January 2022 quickly approaching, many employees are concerned about the potential abolishment of the current regime that allows for some benefits-in-kind to be exempt from tax. Will this regime actually be terminated as of 2022? How should we prepare? Sylvie Savoie and He Shunshan answer your questions and ...

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China -1st Anniversary of the Hainan Free Trade Port – Towards a more concrete plan

June 1, 2021 marks the first anniversary of the publication of the “Comprehensive Plan for the Construction of Hainan Free Trade Port (“HFTP”), which sets various goals to support the development of China’s southernmost island province. Summary of the main features and benefits of the Hainan FTP, taking into account recent developments and focusing on ...

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China Follow up of the reform of individual income tax

As a reminder, on 31 August 2018, the Chinese National Congress promulgated the Amendment to the PRC IIT Law (“IIT Amendment”) (cf. our Newsletter of 4 September 2018: China – Individual Income Tax Reform).

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E-commerce in China: a Chance You Should not Miss

[E-commerce] – Still unclear how to embark on a journey into Chinese e-commerce market? Still keep away from Chinese e-commerce? Liu Yimin and Zhang Beibei share strategies that allow you to start a business in China’s e-commerce market.

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EU & Germany newsletter by DS GRANER

In our newsletter we would like to inform you regularly about news and general information in the field of law and business in Europe and Germany in particular. We hope you find this useful and wish an enjoyable read! Recent developments and measures related to the coronavirus pandemic in the EU and Germany Further news related ...

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EU & Germany newsletter by DS GRANER

In our newsletter we would like to inform you regularly about news and general information in the field of law and business in Europe and Germany in particular. We hope you find this useful and wish an enjoyable read! Recent developments and measures related to the coronavirus pandemic in the EU and Germany Further news related ...

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Health data : control your risks!

To address the risk of personal data leakage, in 2021, China issued a series of laws, regulations and national standards on personal data: the Data Security Law and the Personal Information Protection Law (“PIPL”). The PIPL enshrines the sensitive data status of health data and sets certain requirements for the processing of sensitive data, but ...

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How’s the personal information protection certification in China ?

Since the enactment of the Personal Information Protection Law (PIPL), enterprises anticipate that this new law may provide a solution to legitimize the cross-border transfer of personal information. According to item 2 of Article 38 of the PIPL, when a controller needs to transfer personal information outside of China, it may choose to obtain an ...

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Indonesia: liberalization of franchise regulations

Good news for the franchise sector in Indonesia which revoked most of the previous regulations imposing requirements for the registration and operation of franchises.

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Web Crawlers’ Data War

Web crawlers (web spiders, web robots) are programs or scripts that automatically browse a website, grab information and build an index. In our Data Economy, web crawlers permit companies to obtain and exploit large volumes of data which, once analyzed, can have a significant impact on their productivity and profitability. The question is: Can web ...

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The law firm DS Avocats ensures, in any case, that it only collects personal data that is appropriate, relevant and necessary for processing purposes (minimisation principle) and takes appropriate security and confidentiality measures to ensure its protection, including dealing with data protection issues from the outset and by default. DS Avocats undertakes to comply with the provisions of ...