Jianmin Dai

Practice Areas

• Data Protection & Privacy, and Cybersecurity

• Competition and Antitrust

Career

• 2011 to the date, Beijing Dacheng Law Offices, LLP (Shanghai), Partner

• 2009-2010, Beijing Zhongyin (Shanghai) Law Offices, Partner

• 2006-2008, Shanghai Quancheng Law Offices, Senior Associate

• 2003-2006, Shanghai Llinks Law Offices LLP, Junior Associate

Publications

Bloomberg Law:

• Jianmin Dai and Zhisong Deng, ‘PIPL FAQ’ (2022)

• Jianmin Dai and Zhisong Deng, ‘China Privacy Profile’ (2022)

• Jianmin Dai and Zhisong Deng, ‘Workplace Privacy Requirements’ (2022)

• Jianmin Dai and Zhisong Deng, ‘Cross-Border Data Transfers in China: Frequently Asked Questions’ (2022)

• Jianmin Dai and Zhisong Deng, ‘Overview - China’s Standard Contract for Cross-Border Transfer of Personal Information (SCC)’ (2022)

Lexology:

• Jianmin Dai and Zhisong Deng, ‘Year in Review: Artificial Intelligence Law in China’ (2024)

Personal

Ken has served as the DPO of the Shanghai office from 2018 to 2020 and issued opinions on cross-border transfers of internal data. Ken is also a part-time master tutor at Shanghai Jiao Tong University (Kai Yuan Law School) and Shanghai University of International Business and Economics, where he teaches courses on privacy and data protection and cybersecurity.

Clients

Ken provides legal services for a number of clients, especially multinational companies and large domestic enterprises, with a focus on the industries of life sciences, healthcare, manufacturing, automotive, retail and chemical industry.

Work Highlights

Since Ken practise in both areas of data protection and antitrust, he is in a better position to provide legal services if the case involves both fields. For example, Ken and his team handled the first case on data security and the abuse of dominant market position after the Cybersecurity Law came into force.

In addition, Ken has always been praised by clients for his business insight for the reason that he could find the balance point between enterprise business strategy and legal compliance requirements. Instead of taking the one-size-fit-all approach, he is capable of providing legal solutions based on business scenarios and commercial reality.

Industry Sector Expertise

Health and Life Sciences

Technology, Media and Telecoms (TMT)

Retail and Consumer

Energy and Utilities

Industrials, Engineering and Manufacturing

Expert in these Jurisdictions

PRC

Languages Spoken

• Mandarin (Native)

• Cantonese (Native)

• English (Proficiency)

Experience

1. Data Compliance System Establishment

• Establishing a comprehensive PIPL compliance system for a well-known food company headquartered in South Korea. The project covers all aspects (data mapping, gap analysis, modifying employment policy from the perspective of PIPL, policy drafting and improvement, and personal information protection impact assessment, compliance training, etc.) (2023 to the date)

• Establishing a comprehensive PIPL compliance system for a world-renowned auto-parts company. The project covers all aspects (data mapping, gap analysis, policy drafting and improvement, personal information protection impact assessment, compliance training, etc.) (2023 to the date)

2. Cross-border Data Transfer Compliance

• Providing cross-border data transfer security assessment notification services for a semiconductor company headquartered in the United States, including but not limited to assessing applicable paths, producing self- assessment reports, establishing and improving compliance documents, submitting notification, etc. (2023 to the date)

• Providing legal services to a leading global provider of dental restoration solutions using SCC route for cross- border data transfer, including but not limited to completing SCC filings and preparing the personal information protection impact assessment report submitted together with the signed SCC (2023 to the date)

3. Data Compliance Counselling

• Providing legal services to a well-known discount service platform on data compliance in its daily operations in China, and served as its China representative, responsible for handling matters related to personal information protection in China (2022 to the date)

• Advising a U.S. pesticide and chemicals company on the compliance of its industry data monitoring activities in China (2020)

4. Market Policy and Data Strategy

• Advising a Japanese medical device company on privacy and data protection aspects of its marketing strategy for Chinese patients (2019)

• Advising a healthcare company on its implementation of a “data strategy” in China, including but not limited to contractual arrangements with distributors regarding data usage rights, constructing and drafting privacy policies, and constructing data sharing policies (2018)

5. Cybersecurity

• Advising a major Singaporean industrial group on cybersecurity issues for its operations in China (2020)

• Advising a US life sciences company on the drafting of a manual for responding to early morning raids by competent cybersecurity authorities (2019)

6. Employee Privacy Protection

• Advising a French express company on privacy protection issues in screening sanctions lists targeting its employees (2020)

• Advising a multinational company on its collection of employee personal information during Covid-19 (2020)

7. Data Protection in the Context of Investigations and Legal Proceedings

• Advising a leading U.S. food company on the cross-border data transfer of data concerning Chinese employees for the purpose of discovery in U.S. civil litigation (2020)

• Advising a leading Chinese pharmaceutical company on cross-border data transfer issues in overseas commercial arbitration (2020)

8. Data Protection in the Context of Research and Development Activities

• Advising a Chinese logistics technology company on data compliance issues in its data ecosystem strategy (2020)

• Advising a US life sciences company on data protection issues related to building an app for Chinese patients (2019)

9. GDPR Compliance

• Advising a Chinese logistics technology company on comprehensive GDPR compliance for overseas operations (2020)

• Establishing a GDPR compliance system and providing full range of legal compliance services for a world- leading technology company (2020)

10. Big Data and Competition Law

• Representing a leading global logistics company in a dispute of data security and abuse of market dominance, which is the first of its kind in mainland China (2017)

11. Merger Filing

• Assisted Foxconn Interconnect Technology Singapore Pte. Ltd.in its equity acquisition of Prettl SWH GmbH (2023)；

• Assisted Chart Industries, Inc in its equity acquisition of Granite Holdings II (2023);

• Assisted PJSC SIBUR Holding in its equity acquisition of Kazakhstan Petrochemical Industries Inc. LLP (2023);

12. Antitrust Compliance

• Provided antitrust compliance legal services related to value-added business for a state-owned enterprise (2023-present)

• Provided interpretation service on the amendments to the Anti-Monopoly Law and supporting regulations closely related to its business for a leading wireless communication company in China (2022)

13. Antitrust Investigation

• Assisted a Chinese battery manufacturer to cope with the antitrust investigation (2023 to the date)

• Assisted a state-owned enterprise to cope with administrative inquiries and investigations related to insurance premiums (2022 to the date)

14. Antitrust Civil Litigation

• Represented Hainan Administration for Market Regulation in successfully defending the action taken by a company that refuses to accept the antitrust administrative penalty with the revenue of all of its businesses rather than the business directly related to the case as its calculation base (2022)

• Represented a leading Chinese medical device company in an antitrust civil lawsuit against its American competitor (2022)

Education

Awards