China is emerging as a leading player in many areas of AI. This was demonstrated by the recent World AI Conference 2024 held in Shanghai, where the latest advancements in AI technology were showcased, including the large language model Novel 5.5. The Asian country continues to cooperate intensively with the USA in this field. According… Continue reading China’s Competitive Advantages in Artificial Intelligence
Category: Data Protection
Promotion of Data Flow and Protection of Data Rights
China has issued a new landmark ruling in the field of key digital technologies. It concerns data extraction and data trading by iDataAPI and demonstrates China’s strengthened stance on protecting data rights and promoting data flow. The operator of Sina Weibo (plaintiff) sued a company and its subsidiary in Shenzhen, the operator of the iDataAPI… Continue reading Promotion of Data Flow and Protection of Data Rights
Cyber and data compliance now included in the social credit system
China is putting pressure on the implementation of its compliance rules regarding cyber security and data protection. With immediate effect, companies that violate the legal requirements for cyber security and data protection will be recorded and disclosed in the Corporate Social Credit System (CSCS). This applies, for example, to the mandatory certification of network-connected IT… Continue reading Cyber and data compliance now included in the social credit system
Metacrime – Investigations in the Metaverse
With the growth of the Metaverse, a new arena for crime is emerging – Metacrime. Companies can be affected in different ways. In collaboration, attackers can intercept, manipulate, delete, or inject data undetected through man-in-the-middle attacks by eavesdropping and spying. They can use deepfake technologies to imitate real people and use fake avatars for illegal… Continue reading Metacrime – Investigations in the Metaverse
Boost for the digital economy
In order to further open up and accelerate trade in services, Shanghai wants to facilitate the cross-border transfer of financial data as part of a new plan. Financial institutions are now allowed to transfer data abroad that is necessary for their daily operations. In order to promote and regulate cross-border data flow, a data catalog… Continue reading Boost for the digital economy
Data as intellectual property
Data and intellectual property are closely linked in various ways. For example, data resulting from creative processes can be protected as intellectual property (data IP). On the other hand, for example, the term of protection of a patent, the number of the subclass of a trademark or the place of jurisdiction of an infringement suit… Continue reading Data as intellectual property
Purchase data can be trade secrets
A landmark ruling in China has found that the purchase of data containing trade secrets can lead to legal consequences. In one specific case, Guangzhou Sanmou Motorcycle, a motorcycle manufacturer, acquired company data from the top ten motorcycle exporters through a contract with a data provider. This data included sensitive information of a competitor, Chongqing… Continue reading Purchase data can be trade secrets
Reporting of cyber security incidents
China regulates the reporting of cyber security incidents in a new law, which is now available in draft form. A key aspect is the reporting obligation for companies that set up or operate networks in China or provide services via networks. Particular attention is paid to the different reporting channels for central bodies, critical infrastructures… Continue reading Reporting of cyber security incidents
The audit on personal data protection is coming
The Cyberspace Administration of China (CAC) published the Administrative Measures for the Audit of Personal Information Protection Compliance for Comment in August. The aim is to operationalize the regular compliance audit for processors of personal information in accordance with Article 54 and 64 of the Personal Information Protection Law (PIPL). The administrative measures specify the… Continue reading The audit on personal data protection is coming
Violation of data protection: RMB 50 million fine
On September 6, 2023, after a 14-month review, the Cyberspace Administration of China (CAC) announced that the private platform China National Knowledge Infrastructure (CNKI) was fined RMB 50 million for the unlawful processing of personal data. CNKI is one of the leading academic platforms, digital learning platforms and knowledge bases in China, and its main operators… Continue reading Violation of data protection: RMB 50 million fine
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