Translator：Xiong Yajie

On June 4, 2018, at the invitation of the listed company Weichai Power Co., Ltd., Jie Zhang, senior consultant of Landing Law Offices, Benjun Yu , senior partner of Landing Law Offices, and Yufei Li, senior partner of Landing Jinan office, visited Weichai Headquarters in Weifang City, Shandong Province. During the period, we had friendly exchanges with Ms. Dongmei Teng, Deputy Director of the Legal Department of Weichai Group, and Ms. Xiaomei Zhang, Deputy Manager of Legal Affairs of the Legal Department.

During the visit, the two sides conducted full discussions on anti-monopoly, overseas trade control and commercial data compliance of European business, and reached consensus on several issues for more in-depth business cooperation.

Founded in 1946, Weichai Group employs more than 80,000 people worldwide, and its revenue in 2017 exceeded 220 billion yuan. It ranks the 155th among the top 500 Chinese enterprises, the 60th among the top 500 Chinese manufacturing companies, and the second among the top 100 enterprises in China's machinery industry. At present, Weichai’s business in the EU includes companies such as Baudouin of France, KION Group of Germany, Linde Hydraulics, etc., as well as the business of exporting commercial vehicles and engines under Weichai Group to the EU market.

After the EU General Data Protection Regulation (GDPR) came into force on May 25, 2018, for all Chinese enterprises and Chinese-funded enterprises in the EU, how to accurately understand the legislation and enforcement focus of GDPR, and how to chenk the inventory of the personal data of EU citizens involved in the existing business processes, how to objectively and reasonably assess the compliance management risks of enterprises' Europe-related business and make institutional arrangements, how to apply, construct and maintain an enterprise data compliance management system in accordance with the overall requirements of GDPR and the requirements of the EU Data Protection Supervisor (EDPS) have become important and polular point of industry discussions. Weichai also pays special attention to the risk control research in this field.
 

The antitrust and competition team of Landing Law Offices, headed by senior consultant Jie Zhang, has consistently maintained a forward-looking research on the EU data protection legislation and enforcement with GDPR as the core. On the basis of the summary of relevant precedents of the European Commission and the Court of Justice of the European Union, assist Weichai to effectively identify the possible impact of the direct application of GDPR under the EU legislative sequence on the market and administrative enforcement of member states, and the triggering of personal data compliance risks that may be involved in commercial vehicle powertrain and upstream and downstream industries. While systematically sorting out the legality of engine operation data right extraction in multi-party delivery mode with vehicle manufacturer and end users, the conclusion of how to effectively make compliance management arrangements under the EU legislation and enforcement environment is finally revealed. These are of great significance to the long-term development of China's advanced manufacturing enterprises represented by Weichai after entering the markets in Europe and the United States, and also reveal that the data compliance system construction capability under the GDPR framework must be a core part of the international competitiveness of China's advanced enterprises.