On September 24, China Council for the Promotion of International Trade (CCPIT) successfully held the “GDPR of the EU and the Interperetation of the Provisions of the AI Act of the EU and Corporate Compliance” analysis session (The fifth session of the EU) online, attracting about 70,000 viewers. The conference was hosted by the Legal Affairs Department of CCPIT and organized by Yingke Law Firm as the overseas legal consultant of CCPIT (EU region). Ms. Peilan Shen, Director of the Legal Department of CCPIT delivered a speech. The theme of the conference was “GDPR and AI Corporate Compliance Interpretation”, and invited Timo Schneiders, Managing Partner of Yingke German Law Firm and Yaotian Chai, TGS France Avocats, to deliver keynote speeches.
In 2018, the General Data Protection Regulation (GDPR) of the European Union came into force, which is the most stringent data protection regulation in the history of the European Union. It has brought extensive and far-reaching impact on global data trade and data flow. As the European Union’s data regulatory framework, GDPR has become an important reference for data protection legislation around the world while influencing consumers and businesses. In recent years, GDPR compliance has become a key concern of relevant industries. Separately, in April, the European Commission released proposals for common rules on AI, which set out a regulatory framework for AI. This proposal aims to protect the layout of AI in the EU market, promote investment and innovation in the AI industry, and enhance the governance of AI. It has a very broad scope of application. This law will apply to the providers of artificial intelligence services and the users of AI systems in the EU, as well as the providers and users of AI systems in third countries or third countries whose output content is used in the EU. It has a very broad scope of application. Therefore, once the law is formally enacted and comes into effect, it will certainly have a profound impact on China’s AI industry and enterprises. Relevant Chinese enterprises and industries should make preparations in advance and strengthen data protection.
The keynote speech of Lawyer Yaotian Chai from TGS France Avocats mainly covered the following aspects: legal framework and economic risks of GDPR, introduction of basic rules of GDPR and application cases, and major GDPR compliance issues of Chinese enterprises in economic and trade with Europe. On the subject of GDPR’s basic principles, Chai introduced seven basic principles: legality, fairness and transparency, purpose limitation, data collection minimization, accuracy, retention time limitation, security and confidentiality, and accountability. Chai also illustrated the vivid case that The French Commission for Personal Data Protection imposed fines on Carrefour supermarket and Carrefour Bank respectively.
Timo Schneiders, a lawyer from Yingke Germany Law Firm, gave a speech on the EU AI Act, including the brief introduction, terms and definitions, prohibited AI systems, rules for high-risk AI systems, supervisory authorities, etc. In his section on rules for high-risk AI systems, Timo Schneiders highlights these rules: risk management system, data and data governance, technical documentation and record keeping, transparency and provision of information, human oversight, accuracy, robustness, and cybersecurity. These rules are based on the idea of integrating AI systems into our existing environment in the most effective way through known terms and definitions, while opposing future-oriented economic interests with the fundamental right of residents of our society.
The content of this analysis meeting is substantial and professional, attracting many viewers. As the overseas legal consultant of CCPIT, Yingke will continue to cooperate with CCPIT to bring high-level conferences and lectures, and provide professional and efficient legal services to facilitate Cross-border cooperation and investment of Chinese enterprises.
Ms. Chai is a French practicing lawyer and Juris Doctor. She worked in leading international law firms in Munich, Germany and Paris, France, and currently practices in the Lille office of TGS France Avocats, a large French law firm. Chai’s main practice covers EU intellectual property rights (trademarks, patents, designs, Copyrights, unfair competition), EU personal data protection compliance, commercial contracts and commercial litigation.
Timo Schneiders joined Yingke Germany Law Firm in 2021 as Managing Partner, mediator and TUV certified Data Protection Officer. Yingke Germany is one of the key member firms of Yingke Global Legal Service Network in Europe. Founded in 2021, the partners are composed of experienced Yingke Chinese lawyers, German lawyers and Chinese lawyers with Chinese and German certificates. They can switch between Chinese, German and English freely. In the future, Yingke Germany will also have German lawyers who speak Japanese, Turkish and other native languages to join. The German head office is located in the Konigsallee of Dusseldorf, the capital of NRW. Soon, Yingke Germany will have branches all over Germany, such as: Berlin, Munich, Hamburg, Frankfurt, etc. Yingke Germany now offers the main scope of legal services business law/corporation law, civil and commercial litigation, intellectual property law, tax law, antitrust anti-dumping litigation, international commercial litigation and arbitration, labor law, bankruptcy law, criminal defense, banking and capital market method, IPO legal opinion, overseas investment and mergers and acquisitions, etc.