数据、IP、境外实体，到底先抓谁？一文讲清 AI 出海合规全流程

Core Viewpoint - The article emphasizes the importance of compliance and legal issues for technology companies and AI startups when expanding internationally after achieving product-market fit [2][4]. Group 1: Pre-Departure Considerations - Before going abroad, companies must conduct a legal country investigation to understand the legal system of the target country, including political stability and legal maturity [7]. - The design of the outbound transaction structure is crucial, with options including greenfield investment, mergers and acquisitions, or simply exporting products, each with its own advantages and risks [8]. - Companies must complete domestic approval procedures before launching outbound projects, including feasibility reports to the National Development and Reform Commission and record-filing with business departments [8][9]. Group 2: Local Compliance Operations - After going abroad, companies need to pay close attention to local operational compliance issues, as regulations can vary significantly even within the same country [9]. - Key compliance issues include foreign investment access, tax registration requirements, and local labor laws, which can differ by state or region [9][11]. Group 3: Domestic Compliance as a Hard Threshold - Evaluating the political and legal environment of the host country is essential, especially for sensitive industries like AI, which face stringent regulations [12]. - Companies must determine if their outbound projects require special approvals or authorizations and consider the stability of promised policies [12][13]. Group 4: Intellectual Property and Data Compliance Challenges - Intellectual property issues are critical for AI companies, particularly regarding the use of open-source code and the potential need for compliance with various licensing agreements [23]. - Data compliance is complex, especially concerning GDPR requirements, which include user rights, consent principles, and data security measures [27][28]. Group 5: Cross-Border Data Transfer - The legality of cross-border data transfers is multifaceted, with different requirements based on the relationship between the data sender and receiver [29]. - Establishing an overseas entity can enhance local trust and compliance but comes with increased costs and management challenges [30]. Group 6: Specific Compliance Considerations for AI Products - AI products targeting children must navigate additional complexities regarding sensitive personal information and parental consent [31]. - Companies using AI-generated code must be cautious of copyright issues and potential liabilities arising from bugs or security flaws in the code [32].