Legislation roundup: Healthcare bribery risks, data centers and regulatory ratings of insurance companies

Healthcare

State Administration for Market Regulation, Compliance Guidelines for Pharmaceutical Enterprises to Guard Against Commercial Bribery Risks
国家市场监督管理总局医药企业防范商业贿赂风险合规指引

Where a pharmaceutical enterprise engages a medical or healthcare worker to provide consulting services, it shall pay attention to identifying and guarding against the risks associated with the following acts:

(1)       it shall avoid paying the service fee to the medical or healthcare work in the form of cash or a cash equivalent;

(2)       it is prohibited from encouraging or inducing the medical or healthcare worker it has engaged to provide relevant consulting services to write pharmaceutical prescriptions or to recommend, publicize, procure or use the enterprise’s pharmaceuticals; and

(3)       it is prohibited, in the guise of consulting services, from funneling improper benefits to the medical or healthcare worker.


TMT

General Office of the Ministry of Industry and Information Technology, Circular on Strengthening the Protection of the Security of Customer Data by Internet Data Centers
工业和信息化部办公厅关于加强互联网数据中心客户数据安全保护的通知

Where the offering of functions to manage datasets for artificial intelligence training is involved, data centers shall offer the capability to safeguard the security of the customer’s own training datasets and avoiding the leakage and contamination of relevant datasets. Where the offering of computing power scheduling and computing power services is involved, data centers shall duly manage the security of computing power scheduling strategies and have monitoring and early warning of unusual use of computing power and emergency response capabilities so as to ensure the security of computing power scheduling.


Insurance

National Financial Regulatory Administration, Measures for the Regulatory Rating of Insurance Companies
国家金融监督管理总局保险公司监管评级办法

The factors involved in regulatory ratings of insurance companies include corporate governance, solvency, liability quality, asset quality (including asset-liability matching), information technology, risk management, business position and consumer rights protection.

An insurance group (holding) company may appropriately adjust the ratings of its liability quality, asset quality (including asset-liability matching) and consumer rights protection rating factors; a reinsurance company may omit the consumer rights protection rating factor.