近年来,全球监管局势波诡云谲。在反垄断和数据保护领域,监管机构对相关企业频频施以重罚,执法力度空前加大;反垄断执法技术不断得到突破和创新,数据保护相关新法层出不穷;反垄断与数据保护还呈现相互融合的趋势。在此背景下,中国企业“走出去”所面临的合规挑战和法律风险日趋严峻,轻则交易延迟、阻滞甚至搁浅,重则承担巨额赔偿甚至被迫调整经营模式;企业高管还可能面临个人的刑事责任。为有效应对这些风险,中国企业可以密切关注全球各主要司法领域相关的立法和执法动向,加强事先的风险识别和多元管控,做好事中的有效应对和多辖区协调,采取有针对性的事后补救和完善措施,以实现可持续的海外扩张。
<<In recent years,the global regulatory circumstances have become complicated. In the field of anti-monopoly and data protection,severe penalties have been repeatedly imposed on relevant entities by regulatory agencies and the intensity of law enforcement has been unprecedently strengthened;The enforcement technology of the anti-monopoly law consistently innovates and makes breakthrough,and new data protection laws are being introduced one after another;Antitrust and data protection exhibit the trend of mutual integration. In this context,Chinese entities trying to expand their operations overseas are facing increasingly demanding compliance challenges and legal risks ranging from delay,restriction or even termination of transactions on the easier side,to massive compensation or even adjustments to business models on the harder side. Moreover,the executives may be confronted with personal criminal liabilities. In order to effectively manage these risks,Chinese entities may pay close attention to relevant legislation and law enforcement trend in major jurisdictions around the world,strengthen risk identification and diversified management ex ante,improve capabilities of effective response and cross-jurisdiction coordination during investigation process as well as take focused remedies and improvement measures ex post,so as to realize sustainable overseas expansion.
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