China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

China Issues “Twenty Data Measures”

Mon, 09 Jan 2023
Categories: China Legal Trends

On 2 Dec. 2022, the Central Committee of the Communist Party of China and the State Council released the “Opinions on Building Basic Systems for Data to Maximize the Role of Data Elements” (关于构建数据基础制度更好发挥数据要素作用的意见), which is called “Twenty Data Measures”.

Noteworthy measures are highlighted below.

  • Establish a classified and graded system of right confirmation and authorization for public data, corporate data and personal data.
  • Data rights are divided into three rights, namely the right to hold data resources, the right to process and use data, and the right to operate data products.
  • Build data trading venues, formulate data trading rules, and develop a unified national standard system for data trading, security, etc.
  • Encourage domestic and foreign enterprises and organizations to cooperate in cross-border data flows in accordance with the laws and regulations.
  • Explore safe and standardized ways of cross-border data flow for typical application scenarios such as cross-border e-commerce, cross-border payment, supply chain management and service outsourcing.
  • Conduct national security review in accordance with laws and regulations for data processing, cross-border data transmission, foreign-invested mergers and acquisitions and other activities that affect or may affect national security.
  • Fight against data hegemony and data protectionism, and effectively respond to the “long-arm jurisdiction” in the field of data.

 

 

Cover Photo by Hu Chen on Unsplash

 

Contributors: CJO Staff Contributors Team

Save as PDF

You might also like

SPC Regulates Online Judicial Auctions

In November 2024, China’s Supreme People’s Court (SPC) issued new guidelines to regulate online judicial auctions, emphasizing transparency in property disclosures, enhanced mechanisms for judgment debtors to self-dispose of auctioned assets, and improved supervision across all auction stages to protect parties' rights and streamline enforcement procedures.

China’s First Tribunal-Ordered Interim Measure Issued in Beijing

In October 2024, an arbitral tribunal at the Beijing Arbitration Commission (BAC/BIAC) issued an interim measure based on the applicant’s request, which was later confirmed and enforced by the court through a preservation order. This is the first of its kind in China, confirming the validity of tribunal-issued interim measures and highlighting the pro-arbitration stance of Chinese courts.

SPC Releases IP Protection Cases in Seed Industry

In October 2024, China's Supreme People's Court (SPC) released key judicial protection cases to strengthen intellectual property rights in the seed industry, focusing on plant variety and breeding material disputes.

China Defines Rules for Calculating Trademark Infringement Gains

In October 2024, the China National Intellectual Property Administration (CNIPA) and the State Administration for Market Regulation (SAMR) jointly issued the “Measures for Calculating Illegal Business Revenue in Trademark Infringement Cases”, which provide detailed operational guidelines for trademark enforcement authorities to calculate illegal business revenue.

SPC Releases Typical Cases on Tourism Disputes

In September 2024, China's Supreme People's Court (SPC) released five typical tourism dispute cases, including health rights disputes caused by wild monkey attacks in Mount Emei, to guide courts in resolving common tourism conflicts and safeguarding tourists' legitimate rights and interests.

China Regulates Network Data Security

China's newly adopted “Regulation on Network Data Security Management”, effective January 1, 2025, seeks to standardize data processing, strengthen personal information protection, and tackle issues such as data security, risk assessments, and personalized profiling.

Beijing & Shanghai Unveil Low-Altitude Economy Plans

Beijing and Shanghai have announced plans to develop the low-altitude economy, aiming to grow the industry to CNY 100 billion and CNY 50 billion respectively by 2027, with a focus on aerial rescue, logistics, and passenger transport.

SPC Releases Typical Antitrust Cases

In September 2024, China's Supreme People's Court (SPC) published eight typical cases on antitrust and unfair competition, highlighting issues like price-fixing, market dominance abuse, and deceptive practices.