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Digital Economy and Data Protection Newsletter(25.06)

TMT法律论坛 • 2 月前 • 64 次点击  

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Recently, in terms of domestic legislation, the revised draft of the Cyber Security Law has again solicited opinions, and it is planned to further adjust the content of legal liability. The revision has been included in the legislative plan of the NPC this year; The Cyberspace Administration of China and the Ministry of Public Security have officially released the "Measures for the Security Management of Facial Recognition Technology Applications", requiring the registration of facial information processing for 100000 people;  The Shanghai Cyberspace Administration has released the "Shanghai Network Data Classification and Grading and Important Data Catalog Management Measures (Draft for Comments)" to promote the classification and grading of data and the identification of important data in the city;  In terms of domestic law enforcement, the Cyberspace Administration of China and four other departments have issued a document to launch a series of special actions for personal information protection in 2025. Focusing on cross-border data governance, the Cyberspace Administration of China has summarized the results of the one-year implementation of the "Regulations on Promoting and Regulating Cross border Data Flow". Recently, the Cyberspace Administration of China in Beijing issued the "Comprehensive Reform Implementation Plan for Facilitating Cross border Data Flow in Beijing", continuously implementing cross-border data supervision and facilitation measures.


HOTSPOT

HOTSPOT



The Cyberspace Administration of China has released the revised draft of the Cybersecurity Law of the People's Republic of China for further comments


On March 28, 2025, the Cyberspace Administration of China publicly solicited opinions on the "Revised Draft of the Cybersecurity Law of the People's Republic of China" (hereinafter referred to as the "Revised Draft of the Cybersecurity Law"). The core focus of the revised draft of the Cybersecurity Law this time is on adjusting legal responsibilities and systematically linking it with relevant laws and administrative regulations such as the Data Security Law and the Personal Information Protection Law. For example, increasing the punishment for illegal activities, such as raising the maximum fine for units with network information security violations to 10 million yuan, and raising the maximum fine for individuals to 1 million yuan;  Multiple legal liabilities have been added, such as the legal liability for selling or providing network critical equipment and network security specific products that have not been certified for security, have undergone security testing or have failed security certification, and do not meet security testing requirements;  Add transitional provisions for situations where administrative penalties are lenient, mitigated, or not imposed.  Previously, the National People's Congress had clearly included the revision of the Cyber Security Law into the legislative plan of this year, and the Cyber Security Law is expected to be revised and passed within this year.


Source: Cyberspace Administration of China





The Cyberspace Administration of China and the Ministry of Public Security have issued the "Measures for the Security Management of Facial Recognition Technology Applications"


On March 21, 2025, the Cyberspace Administration of China and the Ministry of Public Security jointly issued the "Measures for the Security Management of Facial Recognition Technology Applications" (hereinafter referred to as the "Measures"), which will come into effect on June 1, 2025. The Measures specifically regulate the application of facial recognition technology and facial information security in the form of departmental regulations, reiterating and refining the protection requirements for facial information based on the "three pillars" and the "Regulations on Network Data Security Management".  In addition, similar to the registration mechanism for the use of public surveillance established by the "Regulations on the Management of Public Safety Video Image Information Systems" issued this year, the "Measures" have also created a new registration mechanism for handling facial information. It is recommended that enterprises conduct timely system inspections and sorting.


For more information, please  click here.

Source: Cyberspace Administration of China 





The Cyberspace Administration of China, the Ministry of Industry and Information Technology, the Ministry of Public Security, and the State Administration for Market Regulation have issued a notice on launching a series of special actions for personal information protection in 2025


On March 28, 2025, the Central Cyberspace Office, together with the Ministry of Industry and Information Technology, the Ministry of Public Security and the Municipal Administration of Supervision, issued the Announcement on Carrying out the 2025 Series of Special Actions for Personal Information Protection, indicating that it will further address the typical problems of illegal collection and use of personal information in common service products and common life scenarios in 2025, and carry out a series of special actions around six key issues, including App (including small programs, official account, and fast apps), SDK illegal collection and use of personal information, smart terminal illegal collection and use of personal information, public place illegal collection and use of face recognition information, offline consumption scenarios illegal collection and use of personal information, and personal information related violations Criminal cases.


Source: Cyberspace Administration of China





The Shanghai Cyberspace Administration is publicly soliciting opinions on the "Shanghai Municipal Measures for the Classification and Grading of Network Data and the Management of Important Data Catalog (Draft for Comments)"


On March 28, 2025, the Shanghai Cyberspace Administration released the "Shanghai Network Data Classification, Grading, and Important Data Catalog Management Measures (Draft for Comments)" (hereinafter referred to as the "Management Measures"), and the deadline for comments is April 28, 2025. The Management Measures apply within the scope of Shanghai . According to the Management Measures, enterprises are required to comply with relevant national regulations and carry out data classification and grading work in accordance with the requirements of the industry and field to which network data belongs. The data should be classified into at least three levels: core data, important data, and general data, and can flexibly choose business attributes to refine and classify network data step by step based on the existing network data classification foundation in the industry and field to which the network data belongs.  Network data processors involved in important data will be included in the list of important data processors. Important data processors shall conduct risk assessments of network data processing activities every year and submit risk assessment reports to the competent authorities. The relevant competent authorities shall promptly notify the municipal cyberspace department and the municipal public security department.


Source: Shanghai Cyberspace Administration




NEWSLETTER

NEWSLETTER


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




LEGISLATION

  1. The Cyberspace Administration of China has released the revised draft of the Cybersecurity Law of the People's Republic of China for further comments

    Source: Cyberspace Administration of China


  2. The Cyberspace Administration of China and the Ministry of Public Security have issued the "Measures for the Security Management of Facial Recognition Technology Applications"

    Source: Cyberspace Administration of China


  3. The State Council has issued the "Provisions on the Implementation of the Anti Foreign Sanctions Law of the People's Republic of China", and "other necessary measures" will include "prohibiting or restricting the provision of data and personal information to them"

    Source: China Government website

    https://www.gov.cn/zhengce/content/202503/content_7015400.htm


  4. The State Administration of Market Regulation has issued the Guiding Opinions on Promoting the Implementation of Compliance Management Responsibilities by Online Trading Platform Enterprises

    Source: State Administration of Market Regulation


  5. The National Cryptography Administration publicly solicits opinions on the "Regulations on the Administration of Passwords for the Use of Electronic Authentication Services (Draft for Comments)"

    Source: National Cryptography Administration

    https://www.sca.gov.cn/sca/hdjl/2025-03/21/content_1061245.shtml


  6. The State Council has issued the "Provisions of the State Council on the Handling of Foreign Related Intellectual Property Disputes"

    Source: China Government website


  7. The Office of the China National Intellectual Property Administration issued the Intellectual Property Data User Manual and Open Directory

    Source: China National Intellectual Property Administration

    https://www.gov.cn/zhengce/zhengceku/202503/content_7013396.htm


  8. The Beijing Cyberspace Administration and three other departments have issued the Implementation Plan for Comprehensive Supporting Reform of Cross border Data Flow Facilitation in Beijing

    Source: Beijing Cyberspace Administration


  9. The Shanghai Cyberspace Administration is publicly soliciting opinions on the "Shanghai Municipal Measures for the Classification and Grading of Network Data and the Management of Important Data Catalog (Draft for Comments)"

    Source: Shanghai Cyberspace Administration


  10. The National Cybersecurity Standards Committee has released the "Criteria for Determining Network Attacks and Network Attack Events in Cybersecurity Technology" and the "Online Certificate Status Protocol for Public Key Infrastructure in Cybersecurity Technology"

    Source: National Cybersecurity Standards Committee


  11. The National Cybersecurity Standards Committee is soliciting opinions on three national standards, including the "Requirements for Network Security Technology Information Security Management System Audit and Certification Institutions (Draft for Comments)"

    Source: National Cybersecurity Standards Committee


  12. The National Data Administration has officially released the second batch of explanations for commonly used terms in the data field

    Source: National Data Administration


  13. National Data Administration: China plans to revise 41 national standards in the field of data this year

    Source: National Data Administration


  14. The National Cybersecurity Standards Committee has issued 15 recommended national standards for cybersecurity

    Source: National Cybersecurity Standards Committee


  15. The Ministry of Industry and Information Technology publicly solicits industry standard plans related to artificial intelligence and humanoid robots

    Source: Ministry of Industry and Information Technology

    https://wap.miit.gov.cn/gzcy/yjzj/art/2025/art_54f1f2f0d10d408dbba1535dbdd3bcc2.html


  16. The first national special plan for the data annotation industry, "Hefei Data Annotation Industry Development Plan (2025-2027)", has been released

    Source: Xinhua News Agency

    http://ah.news.cn/20250317/3f0724a734b344dbbd4c613b3a3534a1/c.html



INDUSTRY TRENDS

  1. The Cyberspace Administration of China, the Ministry of Industry and Information Technology, the Ministry of Public Security, and the State Administration for Market Regulation have issued a notice on carrying out a series of special actions for personal information protection in 2025

    Source: Cyberspace Administration of China


  2. National Cyberspace Administration of China: One year since the implementation of the "Regulations on Promoting and Regulating Cross border Data Flow", positive results have been achieved in the management of data export security

    Source: Cyberspace Administration of China


  3. The Ministry of Public Security has announced 10 typical cases to crack down on crimes that infringe on citizens' personal information

    Source: Cybersecurity Bureau of the Ministry of Public Security


  4. The Cybersecurity Bureau of the Ministry of Public Security reports that a certain institution has been investigated and dealt with due to data security issues

    Source: Cybersecurity Bureau of the Ministry of Public Security


  5. The China Consumers Association and others have released a research report on the analysis of the problem of personal information collection and leakage beyond the scope

    Source: China Cyberspace Security Association


  6. China Consumers Association issues consumer alert: Beware of the risk of "secret free payment" on mobile phones

    Source: China Consumers Association

    https://cca.org.cn/Detail?catalogId=475800865030213&contentType=article&contentId=658361791103045


  7. National Data Administration: The establishment meeting and first working meeting of the initiative to promote mutual recognition and interoperability among data trading institutions were held in Beijing

    Source: National Data Administration


  8. Due to significant loopholes in customer security management, a certain express delivery company has been investigated by the State Post Bureau

    Source: National Post Office

    https://www.spb.gov.cn/gjyzj/c100015/c100016/202503/02cefd4e0fc442128211ffce40a958f1.shtml


  9. The Shanghai Economic and Information Commission has released the "Implementation Opinions of Shanghai Municipality on Promoting Innovative Development of Intelligent Computing Cloud Industry (2025-2027)"

    Source: Shanghai Economic and Information Commission

    https://www.shanghai.gov.cn/hqcyfz2/20250326/99e2192e00734a43a6e26085405e80e5.html


  10. The Shanghai Cyberspace Administration has released five special actions, focusing on rectifying issues such as enterprise related online rumors and AI "short essays"

    Source: Shanghai Cyberspace Administration


  11. Hainan Cyberspace Administration releases notice on illegal collection and use of personal information by 16 mobile applications

    Source: Hainan Cyberspace Administration


  12. Qinghai Cyberspace Administration issues the first 'fine' for network data security in the province

    Source: Qinghai Cyberspace Administration


  13. Hangzhou Internet Court issues the first judicial proposal involving generative AI

    Source: Hangzhou Internet Court


  14. The first AI generated image copyright infringement case in Qinhuangdao City has been concluded

    Source: Qinhuangdao Intermediate People's Court


  15. Guangdong Traffic Management Bureau publicly reports 8 apps/mini programs that have not been rectified as required

    Source: Guangdong Provincial Administration of Communications


  16. Guangdong Traffic Management Bureau announces the removal/ban of 4 apps/mini programs from search

    Source: Guangdong Provincial Administration of Communications


  17. Yunnan Cyberspace Administration announces 2025 enterprise inspection plan

    Source: Yunnan Cyberspace Administration


OVERSEAS

  1. European Union:

    1. European Commission releases draft extension for UK adequacy decision

      Source: European Commission

      https://ec.europa.eu/commission/presscorner/detail/en/mex_25_812


    2. IAB Association submits position paper on the pseudonymization guidelines for EDPB

      Source: IAB

      https://iabeurope.eu/wp-content/uploads/IAB-Europes-response-to-the-EDPB-public-consultation-on-draft-Guidelines-1_2025-on-Pseudonymisation-2.pdf


    3. EDPB proposes a collaborative program to approve binding company rules for controllers and processors

      Source: EDPB

      https://www.edpb.europa.eu/our-work-tools/our-documents/procedure/edpb-document-setting-forth-co-operation-procedure-approval_en


    4. The European Commission's preliminary investigation suggests that Alphabet is suspected of violating the Digital Markets Act

      Source: European Commission

      https://digital-markets-act.ec.europa.eu/commission-sends-preliminary-findings-alphabet-under-digital-markets-act-2025-03-19_en


    5. The European Commission provides guidelines for interoperability of Apple products based on DMA

      Source: European Commission

      https://digital-markets-act.ec.europa.eu/commission-provides-guidance-under-digital-markets-act-facilitate-development-innovative-products-2025-03-19_en


  2. United States: Kentucky Governor's Office revises consumer data privacy bill

    Source: Kentucky

    https://apps.legislature.ky.gov/record/25RS/hb473.html


  3. Germany:

    1. DSK expresses opinions on the draft law for implementing the Data Act

      Source: DSK

      https://datenschutzkonferenz-online.de/media/st/Data_Act_Umsetzung_Laenderstellungnahme.pdf


    2. Hamburg HmbfDL releases recommendations on data retention

      Source: HmbfDL

      https://datenschutz-hamburg.de/news/digitaler-fruehjahrsputz-alte-daten-loeschen-neue-speicherfristen-beachten


  4. France:

    1. CNIL announces audit focus for app data, right to be forgotten, etc. in 2025

      Source: CNIL

      https://www.cnil.fr/fr/les-controles-de-la-cnil-en-2025


    2. CNIL seeks public opinion on the compliance and security of medical records

      Source: CNIL

      https://www.cnil.fr/fr/conformite-et-securite-des-dossiers-medicaux-la-cnil-lance-une-consultation-publique-sur-un-projet


    3. CNIL publicly solicits opinions on the proposal to use location data of connected vehicles

      Source: CNIL

      https://www.cnil.fr/fr/vehicules-connectes-et-localisation-consultation-publique-projet-de-recommandation


    4. CNIL releases 2025 work plan to provide GDPR compliance support for professionals

      Source: CNIL

      https://www.cnil.fr/fr/accompagnement-des-professionnels-le-programme-de-travail-de-la-cnil-pour-2025


  5. Britain:

    1. ICO announces plans for new regulatory measures

      Source: ICO

      https://ico.org.uk/about-the-ico/media-centre/news-and-blogs/2025/03/package-of-measures-unveiled-to-drive-economic-growth/


    2. UK government launches data brokerage industry consultation

      Source: UK government

      https://www.gov.uk/government/calls-for-evidence/data-brokers-and-national-security/data-brokers-and-national-security


  6. Sweden: Government releases cybersecurity strategy for 2025-2029

    Source: Swedish government

    https://www.regeringen.se/informationsmaterial/2025/03/nationell-strategi-for-cybersakerhet-2025-2029/


  7. Spain: Ministry of Digital Transformation seeks opinions on AI law draft

    Source: Spanish Ministry of Digital Transformation

    https://citizen.digital/news/spain-to-impose-massive-fines-for-not-labelling-ai-generated-content-n359013


  8. Luxembourg: Administrative Court upholds CNPD's fine decision against Amazon Europe for violating GDPR

    Source: Luxembourg Administrative Court

    https://justice.public.lu/fr/actualites/2025/03/tribunal-administratif-jugement-amazon-amende-cnpd.html


  9. Latvia: DVI clarifies the legality of personal data transmission in debt collection

    Source: DVI

    https://www.dvi.gov.lv/lv/jaunums/dviskaidro-vai-manus-personas-datus-drikst-nodot-arpustiesas-paradu-piedzinai-vai-citam-kreditoram


  10. Canada:

    1. OPC announces exploratory consultation results on age confirmation for 2024

      Source: OPC

      https://www.priv.gc.ca/en/about-the-opc/what-we-do/consultations/completed-consultations/consultation-age/report_age_2025/


    2. OPC releases privacy breach risk self-assessment tool

      Source: OPC

      https://www.priv.gc.ca/en/opc-news/news-and-announcements/2025/nr-c_250326/


  11. South Korea: Congress passes PIPA amendment requiring foreign operators to designate local representatives and enforce supervision

    Source: South Korean National Assembly

    https://www.law.go.kr/%EB%B2%95%EB%A0%B9/%EA%B0%9C%EC%9D%B8%EC%A0%95%EB%B3%B4%EB%B3%B4%ED%98%B8%EB%B2%95


  12. Japan: Personal Information Protection Commission announces 2025 action plan and outline

    Source: PIPC

    https://www.ppc.go.jp/files/pdf/R7_katsudouhoushin.pdf

    https://www.ppc.go.jp/files/pdf/R7_katsudouhoushin_gaiyou.pdf   


Note

本文由Gen AI翻译,仅供参考。

Translated by Gen AI service. For reference only.


本期编辑:吴佳蔚 陈煜烺 林婉琪 陈瑞庭 张丽

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