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
Tag: Data Protection
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
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
Verification of the processing personal information
On August 3, Cyberspace Administration of China (CAC) issued draft administrative guidelines for privacy-compliant reviews of personal information and related reference points for public expression. The goal of the documents is to provide regulatory oversight of data privacy compliance. However, data processors are also expected to self-regulate and increase their awareness of the need to… Continue reading Verification of the processing personal information
China discloses algorithms
Deep synthesis service providers that have an influence on public opinion or social mobilization capabilities must register and implement procedures to modify and cancel registration. This also applies to technical supporters of deep synthesis services. Deep synthesis technology refers to the use of deep learning, virtual reality and other synthesis algorithms to create text, images,… Continue reading China discloses algorithms
Standard contract for data export
On May 30, 2023, the Cyberspace Administration of China (CAC) published a guide for the registration of the Standard Contract for Personal Data Export, which explains the process, materials and results of the registration of the Standard Contract for Personal Data Export and provides some template for the registration of materials. The Standard Contract Measures… Continue reading Standard contract for data export
China regulates generative AI
In April 2023, China published a discussion draft of the “Regulations for the Administration of Generative Artificial Intelligence Services.” The aim of the document is to ensure content security, compliant operation, and protection of user rights when using generative AI. The regulations emphasize the legality and ethical obligations of generative AI services. During the content… Continue reading China regulates generative AI
China’s Twenty Data Measures Promotes Data Governance
China’s data production reached 6.6 Zettabytes (ZB) in 2021, accounting for 9.9% of total global data production. This puts China second only to the United States (16 ZB). In order to further enhance digital productivity, the Opinions on Building a Basic Data System to Better Fulfill the Role of Data Elements (Twenty Data Measures) were… Continue reading China’s Twenty Data Measures Promotes Data Governance
