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

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

Certification for Systems of Data Security Management

The Chinese Government has been encouraging companies to have mobile app certifications for some time. Search engines and app stores are encouraged to prioritize applications from companies that have certifications. Now, enterprise data security management certification is also to be developed. In early June 2022, the General Administration of Market Supervision and the Office of… Continue reading Certification for Systems of Data Security Management

New Data Exchanges in China

On April 10, 2022, the Chinese government announced to accelerate the construction of the unified domestic market. Part of this is to also establish a data market to promote Big Data applications and AI development, focusing on data security and control of cross-border data transfer. To be allowed to provide data outside China, data processors… Continue reading New Data Exchanges in China

Data Compliance Can Prevent Penalties

Due to the three laws in the field of data – the Cyber Security Law, the Data Security Law and the Personal Information Protection Law – companies in China must set up a complete system to comply with data protection and security regulations. A good data compliance system can avoid warnings from administrative authorities during… Continue reading Data Compliance Can Prevent Penalties

Data Lifecycle Security Management on the Industrial Internet

With the growing number of digital industrial enterprises in China and the explosion of data from the industrial Internet, data security is becoming increasingly important for the smooth operation of enterprises in China. On April 8, 2022, the China Industrial Information Security Development Research Center (CIC) released the China Industrial Internet Industry Integration Development Report… Continue reading Data Lifecycle Security Management on the Industrial Internet

Important Data in Industry and Information Technology

The Data Security Law (DSL) requires companies to categorize their data as “general data,” “important data,” and “core data.” Which data falls into these categories varies from industry to industry. The definition of important data for the automotive industry has received the most attention so far, and also for the financial industry a detailed explanation… Continue reading Important Data in Industry and Information Technology

Data Protection: Obstacle to the Digital Economy?

There are new proposals for data management and cross-border data transfer. For example, the issues of data ownership, use, processing and control should be clarified. Data privacy, trade secrets and national security should be regulated in certain use scenarios such as Big Data marketing, corporate data sharing and cross-border data flows. Regulation of cross-border data… Continue reading Data Protection: Obstacle to the Digital Economy?

China’s Strict IT Compliance Competes with RCEP

The world’s largest free trade agreement, the Regional Comprehensive Economic Partnership (RCEP), has been in effect since Jan. 1, 2022. It allows companies in participating countries to engage in cross-border partnerships, tariff reductions and trade simplification. Over the next 20 years, up to 90% of tariffs incurred in the zone are expected to be eliminated.… Continue reading China’s Strict IT Compliance Competes with RCEP

National Standard Provides Insight into Future Data Requirements

The requirements of the internationally widely discussed Data Security Law (DSL, effective since Sep 1, 2021) are a challenge for many companies operating in China. To establish a hierarchical protection system for data classification, China’s National Information Security Standardization Technical Committee has issued the National Standard – Guide for Important Data Identification (Draft, hereinafter referred… Continue reading National Standard Provides Insight into Future Data Requirements