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Peng CAI
Equity Partner / Beijing
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Tel +86-10-5087-2786
Email caipeng@zhonglun.com
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Practices
Cybersecurity & Data Protection, IP Licensing & Enforcement, Compliance & Investigation
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Industries
Telecommunications & Internet, Information & Intelligence Technology, Healthcare
Peng CAI
Mr. Cai specializes in cybersecurity, data protection, and intellectual property-related matters.
Drawing upon the expertise garnered from his dynamic and in-depth involvement with legislative processes and compliance practices, Mr. Cai is committed to formulating pragmatic and incisive advice for clients in solving urgent and challenging issues related to data compliance, e-commerce, IP protection, and so forth, particularly when the clients are faced with highly regulated environment, IPO, "going global" campaigns of products and services, digital transformation, and platform governance, among others.
Mr. Cai is experienced to advise on cutting-edge legal issues brought about by groundbreaking technologies such as the Internet, big data, and artificial intelligence technologies, including but not limited to issues related to cross-border data transfer compliance, multi-jurisdictional privacy compliance, handling of data breach incidents, and design of full compliance processes for digital transformation.
Mr. Cai's years of rich experience in IP litigation and non-litigation practices give him a unique perspective on counseling data compliance matters, namely, with his litigation foresight and abundant hands-on experience, Mr. Cai helps clients avoid or eliminate risks in advance.
Representative Matters
Cybersecurity and Data Compliance
Advised a large central enterprise on digital transformation, which involved data fusion, data security scheme design, and internet business model compliance of the client's core subsidiaries such as finance, securities, insurance, and foods
Provided legal services to a large MNC for its compliance arrangement of cross-border data transfer mechanism and security assessment
Provided legal services to a large state-owned enterprise for digital transformation, including developing and implementing a data fusion scheme, a group-wide data compliance system, and its online models
Advised a large domestic internet platform on data compliance and network security issues arising from its M&A and operations
Provided legal services to a domestic internet education company on privacy, data security, and data compliance issues arising from its operations in China, Europe, and the United States
Provided full-range compliance and legal services to a large central enterprise for its digital transformation from "brick and mortar" model to online model
Provided full-process data compliance services to a large central enterprise for its digital products at home and abroad, including legal services concerning privacy and data compliance involved in the global launch of certain core digital products
Provided legal services to a large domestic bank for data compliance, which involved designing and modifying its compliance system, offering solutions on its cooperation in data projects with third-party suppliers, among others
Provided legal services to multiple domestic unicorn companies across different industries for IPO data compliance
Provided full-range data compliance and legal services concerning US stock listing data compliance and annual data audits to a well-known domestic brand
Provided legal services to multiple domestic companies for data compliance for HKEX listing
Provided data compliance counselling to a leading big health enterprise covering the whole process of user health information collection, processing, and transmission
Provided legal services to a well-known overseas enterprise for medical and health data compliance and export and network security
Advised a European company on cross-border data compliance solutions concerning human heritage data and medical data for its cooperation with a domestic institution on commercialization of blood molecular testing technology
Provided compliance counselling to a well-known software company for data security and privacy protection, network security, and GDPR
Provided compliance due diligence, risk analysis, and transaction advice to a world-renowned international investment group for its investment in a well-known domestic AI and internet medical enterprise
Provided legal evaluations and opinions to a well-known domestic brand and a well-known US hospital for cross-border medical data transfer related to their business cooperation
Provided assessment and compliance solutions to a large central enterprise for cross-border data transfer issues involved in its global operations
E-commerce
Provided a large central enterprise with full-process compliance and legal services regarding its e-commerce platform design, operational qualifications, and platform operation
Provided an e-commerce platform of an insurance group with compliance consulting services regarding its platform development and operation
Provided a leading live-streaming platform with compliance consulting services regarding its e-commerce models
Provided a leading "to-customer" brand with compliance services regarding its e-commerce platform's marketing, membership system, minor protection, etc.
Provided a MNC with legal solutions regarding marketing compliance and responses to administrative enforcement, both related to its search engines
Provided a leading big health enterprise with legal services regarding the overall compliance assessment for its new business, especially the setup of the overall workflow of its e-commerce model
Provided a large internet platform company with legal services regarding underage protection
Provided a leading e-commerce company with legal support, including e-commerce business review, business model compliance review, and formulation and improvement of platform rules in its full-process risk-based review project
Provided a leading internet platform with analysis of platform qualification and drafted and revised a full set of platform rules and agreements for its e-commerce business development
Provided several MNCs and well-known brands with e-commerce legal consultation and training services
Intellectual Property
Provided a well-known international investment group with due diligence and document drafting services related to IP matters arising in its investment in a well-known domestic AI enterprise
Provided a listed company with full-process legal services such as negotiation and document drafting regarding its development and cross-border acquisition of a European AI software system
Provided a world-leading garment material manufacturer with full-process legal services regarding its transfer, license-in, JV, and so forth with a foreign enterprise regarding software and equipment technology
Provided a reputable Beijing-based state-owned enterprise from the transportation industry with legal services such as full-process negotiation and contract drafting for its import of transportation-related technology from a German company
Provided a well-known Japanese automobile company with legal services such as IP license-in and authorization for its domestic JV company
Provided a leading domestic AI company with legal services regarding IP protection, Series A funding, and other related matters
Provided a well-known Chinese big health enterprise with legal services regarding its collaborative technology R&D and legal and compliance analysis, patent prosecution analysis, and other related matters for relevant software and intelligent systems
Provided a listed company with one-stop legal analysis on patent, trade secret, and computer software infringement matters, and represented the client to file a lawsuit
Provided a reputable high-tech company with full-process patent analysis, document drafting, and other intellectual property legal services regarding its investment in OLED projects and setup of a joint venture
Provided a world-renowned consumer brand with legal services regarding defamatory infringement on its brand and filed a civil lawsuit to protect its rights
Provided several well-known companies including financial institutions and high-tech companies with professional analysis and reputation protection for their executives and founders who were personally attacked or defamed on internet platforms
Provided American Superconductor in a series of cases against a wind power company regarding the opposing party’s infringement of the client's software copyrights and know-how, with the case being the IP lawsuit with by far the largest disputed amount (CNY 3 billion) since the founding of the PRC
Represented Qihoo 360 to appeal the unfair competition lawsuit brought by Tencent before the Supreme People's Court in December 2013, with the case tried by a Grand Collegiate Panel congregated of five senior Justices and the Vice President of the Supreme Court serving as the presiding Justice
Acted in the "Heinz" trademark infringement lawsuit and the Famous Trademark of China (FTC) recognition case between the United States Heinz Food Company and Dongguan Education Information Co., Ltd., with the case being the first FTC recognition case after the revision of the Trademark Law
Honors and Awards
Leading Individuals in Data Protection, The Legal 500, 2021 & 2022
Top 15 TMT Lawyers, ALB China, 2022
Memberships & Affiliations
Director, E-Commerce Legal Commission of Beijing Lawyers Association
Publications
“New Challenges of Personal Information and Important Data Transfer Bill to Corporate Compliance”, LexisNexis China Law Perspective, 2017
“Patent Protection” in the Patent Operation Decoding Book Series (co-author), Law Press, 2018
“China and Your IP”, Australian Intellectual Property Office website, July 2007
“Guidance to Network Security & Data Protection for Securities Fund Company”, Wolters Kluwer, 2019
“The Intellectual Property White Paper of Artificial Intelligence Industry (2020)” (co-author), Artificial Intelligence Industry Alliance, 2021
“E-commerce Legal Report”, LexisNexis, 2021
“Guidance to E-commerce & Online Trading Compliance”, LexisNexis, 2022
Related
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Articles Related
Understanding China's New Draft for Cybersecurity Incident Reporting Measures: A Practical Guide for Network Operators
On December 8, 2023, the Cyberspace Administration of China (CAC) introduced the Administrative Measures for the Reporting of Cybersecurity Incidents (Draft) (“Measures”), which clearly outlines the categories of incidents that need to be reported, the information that must be included in these reports, and the consequences for failing to report. This Measures marks a critical enhancement in China’s approach to managing and mitigating cybersecurity risks.
2023-12-20 -
Deals Related
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Awards Related
Zhong Lun Partner Peng Cai Honored among “2024 ALB China Top 15 Cybersecurity & Data Protection Lawyers”
Mr. Peng Cai specializes in legal services in the fields of cybersecurity and data protection, intellectual property rights protection, compliance, and investigations.
2024-08-15
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Bar Admissions/Professional Qualifications
PRC Bar
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Education
Wuhan University School of Law
Australia Leadership-fellowship Scholarships -
Professional Experience
Partner, Zhong Lun Law Firm, 2016 to present
Partner, Beijing Lifang Law Firm and other renowned law firms, 2003-2016 -
Languages
Chinese
English