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China’s Big Tech faces wake-up call as country’s web of data protection laws becomes more elaborate

  • A cybersecurity review into ride-hailing firm Didi kicked off a new era in China that prioritises data security over unfettered growth for tech companies
  • Regulators in Beijing are cracking down on overseas listings, fearful that US data disclosure rules could compromise national security

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A cybersecurity review of Didi has signalled a new era in data governance in China, where regulators have become concerned about public listings overseas. Illustration: Lau Ka-kuen/SCMP
Until recently, the Cyberspace Administration of China (CAC), which helps censor the country's internet behind the Great Firewall, had rarely been involved with companies’ plans to go public.
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By the time the CAC was created in 2011, the path for Chinese firms to sell shares in places like Hong Kong and New York was already a well-trodden route for lawyers and investment bankers. Like other administrative bodies in China, the CAC can offer suggestions to businesses, but it is not a legally binding gatekeeper of initial public offerings (IPOs).

So when the CAC flagged security concerns to Didi Chuxing about its vast swathes of data, the ride-hailing giant went ahead with the IPO anyway, listing on the New York Stock Exchange on June 30.
The listing was a huge success for the company, which bested Uber Technologies in China to dominate the vast domestic ride-hailing market. Didi raised US$4.4 billion from what was the largest public listing for a Chinese company this year in the world’s premier capital market. But the euphoria was short-lived. Two days later, the CAC announced its cybersecurity review into the company, sending Didi’s stock price cratering. Class-action lawsuits are now being filed in the US, and company executives have become incommunicado.

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Why China is tightening control over cybersecurity

Why China is tightening control over cybersecurity

In a further move, the cyberspace watchdog on Saturday announced a new draft proposal that would require Chinese tech firms with more than 1 million users to undergo a cybersecurity review before being allowed to list on foreign exchanges.

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The web of cybersecurity regulations that ensnared Didi has been in the works for nearly two decades, according to Henry Gao, associate professor of law at Singapore Management University.

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