Peng Cai

Practice Areas

Cybersecurity & Data Protection, IP Licensing & Enforcement, Compliance & Investigation

Work Highlights

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

Languages Spoken

Chinese

English

Experience

Partner, Zhong Lun Law Firm, 2016 to present

Partner, Beijing Lifang Law Firm and other renowned law firms, 2003-2016

Expert in these Jurisdictions

PRC Bar

Professional Memberships

Director, E-Commerce Legal Commission of Beijing Lawyers Association

Personal

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.