Recently, Du Jiahong, a partner at Beijing Xinglai Law Firm and Director of the Corporate Practice Center, was invited to deliver a well-structured and highly focused legal training session on anti-unfair competition law for IBM, a Fortune Global 500 company. This training session focuses on the new compliance challenges faced by enterprises in the digital economy era, aiming to enhance the rule-of-law awareness and risk-prevention capabilities of corporate management and key employees. It has received high praise from participants. Employees at the mid-level and above from IBM attended the session both online and offline.

As a global leader in the technology industry, IBM focuses on enterprise-level AI solutions and hybrid cloud platforms. Its emerging business areas—including large-scale data processing and algorithm applications—are closely aligned with many provisions of the Anti-Unfair Competition Law. Since its inception, Xinglai Law Firm has been deeply engaged in the field of corporate compliance, handling numerous landmark cases. Attorney Du Jiahong, in particular, boasts extensive experience in corporate compliance and corporate mergers and acquisitions. The high degree of alignment between the two parties in terms of compliance philosophy and professional needs has laid a solid foundation for this training session.

During the training, Attorney Du Jiahong first reviewed the evolution and legal characteristics of the Anti-Unfair Competition Law. She pointed out that, as a “conduct-based law,” it often relies on principled provisions to regulate new business models. She emphasized that enterprises and their employees must exercise self-discipline at a standard higher than what is explicitly stipulated by law, proactively avoiding potential risks. She then focused on analyzing five key areas addressed in the revised law: commercial defamation, false advertising, commercial bribery, infringement upon trade secrets, and new forms of unfair competition in the internet space. Drawing on a series of typical judicial cases—including the “Douyin v. B612 Special Effects Infringement Case”—she vividly illustrated the current trends and standards in regulatory enforcement, cautioning enterprises to closely monitor policy developments and judicial dynamics.

During the detailed explanation of core risks, Attorney Du further analyzed, item by item and focusing on practical scenarios such as marketing promotion, sales practices, and data management, the elements required for identifying and the legal consequences of acts including commercial defamation, false advertising, commercial bribery, leakage of trade secrets, and improper data collection. She also offered practical compliance recommendations, including strengthening content review, standardizing financial procedures, establishing a data compliance system, and improving internal whistleblowing mechanisms. She specifically pointed out that if an employee’s personal social media accounts are used extensively for official business and their identity is explicitly disclosed, their actions could be deemed as official conduct, potentially holding the company liable. Therefore, she urged enterprises to strengthen internal behavioral management.

The training concluded successfully in a warm and enthusiastic atmosphere. After the session, IBM staff members summarized practical issues such as the boundaries of liability for legal representatives and the transmission of risks through channel partners, and then sought advice from Attorney Du Jiahong. Drawing on her expertise across civil, administrative, and criminal dimensions of liability, Attorney Du provided professional insights, emphasizing that legal representatives must clearly define their own authorities and maintain thorough records of decision-making to clearly distinguish between personal intentions and the company’s will. Regarding the management of channel partners, she recommended establishing a systematic “risk firewall” through measures such as improving internal regulations, clarifying contractual agreements, and conducting regular evaluations.

This training session featured comprehensive content and abundant real-world case studies, effectively enhancing participants’ understanding of market competition rules and compliance red lines. Xinglai Law Firm will continue to leverage its professional strengths in the field of corporate compliance, helping more outstanding enterprises—such as IBM—to achieve steady and sustainable growth. In the vast and challenging business landscape, we will navigate forward with “compliance as our vessel,” ensuring a stable and confident journey.

Edited and typeset by: Wang Xin

Review: Management Committee