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Digital Economy and Data Protection Newsletter（25.01）

TMT法律论坛 • 1 周前 • 17 次点击  

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Recently, in the area of data export, the Cyberspace Administration of China released the Draft Measures for Personal Information Protection Certification for Cross-Border Data Transfer, further filling the last piece of the legal puzzle for the "three-piece set" of cross-border data transfer, and promoting the implementation of the certification mechanism. In terms of data security, the banking and insurance sector officially introduced the Measures for Data Security Management, further clarifying industry governance standards. In promoting the digital economy, the National Data Administration issued the Opinions on Promoting the Development and Utilization of Enterprise Data Resources, using comprehensive measures to promote the release of enterprise data value. The Anti-Unfair Competition Law published a draft amendment, aiming to provide more advanced legal protection for the digital economy by adding new types of unfair competition behaviors related to the internet and platforms. In terms of extraterritorial governance, the U.S. Department of Justice released the final rules for "Addressing Foreign Adversaries' Acquisition of Sensitive Personal Data of U.S. Citizens", with a clear trend of "data decoupling".


HOTSPOT

HOTSPOT



The Cyberspace Administration of China has released the Draft Measures for Personal Information Protection Certification for Cross-Border Data Transfer


On January 3, 2025, the Cyberspace Administration of China released the Draft Measures for Personal Information Protection Certification for Cross-Border Data Transfer (hereinafter referred to as the "Certification Measures"), and is now soliciting public opinions. If the Certification Measures are officially implemented, they will fill the last significant gap in China's legal framework for data export supervision mechanisms. The Certification Measures, building on the scenarios already defined in the Measures for Promoting and Regulating Cross-Border Data Flows, further propose how to conduct personal information protection certification activities for cross-border data transfer. This includes the registration of professional certification agencies, the key content of certification evaluation, the reporting of certification certificate information, as well as supervision and management requirements during and after certification, such as spot checks and reporting mechanisms. Notably, the Certification Measures specifically clarify that overseas personal information processors should be assisted in applying for certification by a dedicated institution or designated representative established within the country, with the domestic party bearing the corresponding legal responsibilities and accepting supervision and management. In addition, the Certification Measures propose to promote international exchange and cooperation in certification activities, and to facilitate mutual recognition with other countries, regions, and international organizations


Source: Cyberspace Administration of China (CAC)




The National Data Administration and other departments have issued the Opinions on Promoting the Development and Utilization of Enterprise Data Resources


On December 25, 2024, the National Data Administration, the Cyberspace Administration of China, the Ministry of Industry and Information Technology, the Ministry of Public Security, and the State-owned Assets Supervision and Administration Commission of the State Council jointly issued the Opinions on Promoting the Development and Utilization of Enterprise Data Resources (Document No. Guo Shu Zi Yuan [2024] 125, hereinafter referred to as the "Opinions"). As one of the eight institutional documents planned to be issued by the National Data Administration within the year, the Opinions focus on the development and utilization of enterprise data, treating the data formed or legally obtained and held by enterprises during their production and business operations as an important resource for enterprises.

The Opinions mainly propose measures to promote the development and utilization of enterprise data resources from five aspects: improving the mechanism for realizing enterprise data rights, cultivating enterprise digital competitiveness, empowering industrial transformation and upgrading, serving high-quality economic and social development, and creating an open, transparent, and predictable development environment, in order to promote the release of the value of enterprise data resources.


For more information, please click here.
Source: National Data Administration

https://www.nda.gov.cn/sjj/zwgk/zcfb/1225/20241225154636252082589_pc.html   





National Financial Regulatory Administration issued the Data Security Management Measures for Banking and Insurance Institutions


On December 27, 2024, the National Financial Regulatory Administration issued the Data Security Management Measures for Banking and Insurance Institutions (hereinafter referred to as the "Measures"). The Measures consist of 9 chapters and 81 articles, covering general provisions, data security governance, data classification and grading, data security management, data security technical protection, personal information protection, data security risk monitoring and disposal, supervision and management, and supplementary provisions.

The introduction of the Measures is an important step in implementing the central and state-level directives to strengthen financial regulation and prevent financial risks. The National Financial Regulatory Administration will continue to enhance the supervision of data security in the banking and insurance industries, provide guidance and supervision, and ensure the implementation of the Measures. This will guide banking and insurance institutions to continuously improve their data security management capabilities, thereby ensuring the security of customer information and financial transaction data, and firmly guarding against systemic risks.


Source: National Financial Regulatory Administration

https://www.gov.cn/zhengce/zhengceku/202412/content_6995081.htm



The National People's Congress released the Draft Amendment to the Anti-Unfair Competition Law of the People's Republic of China


On December 25, 2024, the 13th meeting of the 14th National People's Congress Standing Committee reviewed and approved the Draft Amendment to the Anti-Unfair Competition Law of the People's Republic of China (hereinafter referred to as the "Draft Amendment"). The Draft Amendment was published on the National People's Congress website, along with a comparison table of the changes before and after the amendment, to solicit public opinions. This revision aims to further improve China's legal framework against unfair competition, adapt to the needs of the new era's market economic development, and create a fair competitive market environment for all types of operators.

The Draft Amendment consists of five chapters and forty-one articles, covering various aspects such as general requirements for anti-unfair competition, departmental responsibilities, specific unfair competition behaviors, and regulations and penalties for anti-unfair competition.


Source: National People's Congress

http://www.npc.gov.cn/flcaw/userIndex.html?lid=ff808181927f0e7b0193fcb2fb3a74e1




NEWSLETTER

NEWSLETTER


（Click on the source or copy the corresponding link to view the details）




LEGISLATION

  1. Cyberspace Administration of China Releases the Draft Measures for Personal Information Protection Certification for Cross-Border Data Transfer

    Source: Cyberspace Administration of China


  2. National People's Congress Releases the Draft Amendment to the Anti-Unfair Competition Law for Public Comment
    Source: National People's Congress
    http://www.npc.gov.cn/flcaw/userIndex.html?lid=ff808181927f0e7b0193fcb2fb3a74e1


  3. National Data Administration and Four Other Ministries Release the Opinions on Promoting the Development and Utilization of Enterprise Data Resources
    Source: National Data Administration
    https://www.nda.gov.cn/sjj/zwgk/zcfb/1225/20241225154636252082589_pc.html


  4. State Administration for Market Regulation: Accelerating the Release of Compliance Guidelines for Network Trading Platform Fees, Formulating Platform Rule Supervision and Management Measures, and Developing Live Commerce Supervision and Management Measures
    Source: State Administration for Market Regulation
    https://www.gov.cn/lianbo/bumen/202412/content_6994199.htm


  5. State Administration for Market Regulation Issues the Interim Measures for Network Transaction Law Enforcement Assistance
    Source: State Administration for Market Regulation
    https://www.gov.cn/zhengce/zhengceku/202412/content_6993917.htm


  6. State Taxation Administration Releases the Draft Provisions on the Reporting of Tax-Related Information by Internet Platform Enterprises for Public Comment
    Source: State Taxation Administration
    https://www.chinatax.gov.cn/chinatax/n810356/n810961/c5237266/content.html


  7. Shenzhen Releases Local Standard for Data Transaction Compliance Assessment
    Source: Shenzhen Data Exchange


  8. Hangzhou Municipal People's Congress Standing Committee Announces the Hangzhou Data Circulation and Trading Promotion Regulations
    Source: Hangzhou Municipal People's Congress Standing Committee
    https://zjjcmspublic.oss-cn-hangzhou-zwynet-d01-a.internet.cloud.zj.gov.cn/jcms_files/jcms1/web3798/site/attach/0/11a43d132dfb4772bab660e53f3afce3.pdf


  9. Ministry of Finance Issues the Pilot Plan for the Whole Process Management of Data Assets
    Source: Ministry of Finance
    https://zcgls.mof.gov.cn/zhengcefabu/202412/t20241226_3950519.htm


  10. National Intellectual Property Administration Releases the Measures for Administrative Adjudication and Mediation of Patent Disputes
    Source: National Intellectual Property Administration
    https://www.cnipa.gov.cn/art/2024/12/30/art_74_196968.html



INDUSTRY TRENDS

  1. State Council: Continuously Implementing Pilot Applications of Intelligent Traffic Systems Such as Autonomous Driving

    Source: Xinhua News Agency

    https://www.gov.cn/zhengce/202412/content_6994161.htm


  2. Cyberspace Administration of China Releases the Ninth Batch of Deep Synthesis Service Algorithm Filing Information
    Source: Cyberspace Administration of China
    https://www.cac.gov.cn/2024-12/20/c_1736389545949567.htm


  3. Audit Office Reports on the Rectification of "Profiting from Government Data"
    Source: National Audit Office
    https://www.audit.gov.cn/n5/n26/c10489230/content.html


  4. Zhejiang Software Technology Company Penalized by Public Security Authorities for Electronic Government Data Security Issues
    Source: National Cybersecurity Notification Center


  5. China Internet Finance Association Releases the 7th Issue of Typical Violations in Mobile Financial Client Applications (2024)
    Source: China Internet Finance Association


  6. CCTV Exposes the Black Market of Illegal Personal Information Trafficking
    Source: China National Radio Network


  7. Changsha Cyberspace Administration Conducts Concentrated Talks with 8 Major Responsible Persons of Ride-Hailing and Shopping Apps
    Source: Hunan Cyberspace Administration


  8. Chongqing Completes Rectification of QR Code Payments at Over 5,000 Catering and Supermarket Stores
    Source: Chongqing Cyberspace Administration


  9. Chongqing Cyberspace Administration Penalizes Companies for Failure to Fulfill Network Data Security Obligations
    Source: Chongqing Cyberspace Administration


  10. Shandong Court Handles a Case of Alleged Infringement of Citizens' Personal Information by Providing "Order Decryption" Services for Platform Merchants
    Source: Procuratorial Daily


  11. Zhejiang Communications Administration Reports 6 Apps (12th Batch of 2024) That Infringe on User Rights
    Source: Zhejiang Communications Administration


  12. Shanghai Communications Administration Reports Apps (3rd Batch of 2024) That Infringe on User Rights
    Source: Shanghai Communications Administration 


  13. Hunan Communications Administration Reports Removal of 4 Apps That Infringe on User Rights
    Source: Hunan Communications Administration


  14. Beijing Releases Announcement of Filing Information for Generative AI Services (December 27th)
    Source: Beijing Cyberspace Administration


  15. National Data Administration Releases the First Batch of Common Terms in the Data Field
    Source: National Data Administration
    https://www.nda.gov.cn/sjj/zwgk/zcfb/1230/20241230160715745237413_pc.html


  16. Shanghai High Court Releases 22 Typical Cases Involving Intellectual Property Rights in Online Games
    Source: Shanghai High Court


  17. Shandong High Court Releases the Second Batch of Typical Cases on Punitive Damages for Intellectual Property Rights
    Source: Shandong High Court


  18. State Administration for Market Regulation Announces Five Typical Cases of Infringement of Trade Secrets
    Source: State Administration for Market Regulation


  19. State Administration for Market Regulation Announces Seven Typical Cases of Unfair Competition Online
    Source: State Administration for Market Regulation



OVERSEAS

  1. United States: The Department of Justice issues final rule addressing the threat posed by foreign adversaries' access to Americans' sensitive personal data

    Source: U.S. Department of Justice

    https://www.justice.gov/opa/pr/justice-department-issues-final-rule-addressing-threat-posed-foreign-adversaries-access


  2. European Union:

    1. The European Commission launches a consultation on proposed measures for Apple to ensure interoperability under the Digital Markets Act
      Source: European Commission
      https://digital-markets-act.ec.europa.eu/commission-seeks-feedback-measures-apple-should-take-ensure-interoperability-under-digital-markets-2024-12-19_en


    2. The European Court of Justice issues a ruling on the processing of employee personal data
      Source: European Court of Justice
      https://curia.europa.eu/juris/document/document.jsf?text=&docid=293835&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=2255405


  3. South Korea:

    1. The National Assembly passes the Basic Law on the Development and Establishment of Trust in Artificial Intelligence
      Source: South Korean National Assembly
      https://likms.assembly.go.kr/bill/billDetail.do?billId=PRC_R2V4H1W1T2K5M1O6E4Q9T0V7Q9S0U0


    2. The PIPC releases an AI privacy risk management model

      Source: South Korean PIPC

      https://www.pipc.go.kr/np/cop/bbs/selectBoardArticle.do?bbsId=BS074&mCode=C020010000&nttId=10870


  4. Italy: Garante fines OpenAI approximately 15 million euros for the illegal use of user data for training
    Source: Italian Garante
    https://www.garanteprivacy.it/home/docweb/-/docweb-display/docweb/10085432


  5. Israel: The PPA issues recommendations on parents' online disclosure and sharing of children's information
    Source: Israeli PPA
    https://www.gov.il/he/pages/sharenting_for_parents1?utm_source=go.gov.il&utm_medium=referral


  6. Latvia: DVI releases guidelines on assessing customer expectations for data processing
    Source: Latvian DVI
    https://www.dvi.gov.lv/lv/jaunums/dviskaidro-klienta-gaidu-novertejums-par-savu-datu-apstradi


  7. United Nations: The United Nations adopts the Convention on Combating Cybercrime
    Source: United Nations
    https://news.un.org/zh/story/2024/12/1134631#


  8. Brazil: ANPD releases an English version of the generative artificial intelligence report
    Source: Brazilian ANPD
    https://www.gov.br/anpd/pt-br/assuntos/noticias/anpd-releases-english-version-of-technology-radar


Note

本文由Gen AI翻译，仅供参考。

Translated by Gen AI service. For reference only.


本期编辑：陈瑊 陈煜烺 马辰 陈瑞庭 张丽

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