Data Property Rights Registration Work Guide (Trial).

Promulgated by: National Data Administration (NDA), Comprehensive Department. Document No.: Guo Shu Zong Zheng Ce [2026] No. 35 (国数综政策〔2026〕35号). Issued: July 1, 2026. Status: Trial guide in force / for reference implementation.

DCC translation. Translated from the final Trial Work Guide issued by the NDA Comprehensive Department on July 1, 2026, and cross-checked against the April 2026 public-consultation draft. Translated against DCC’s bilingual glossary for terminology consistency, including the data-property-rights vocabulary established by the Data 20 Articles policy (Right to Hold Data, Right to Use Data, Right to Operate Data).

What Changed From the Consultation Draft

The final Trial Guide keeps the consultation draft’s six-chapter, 42-article architecture, but it is not a pure clean-up. The changes move in four directions: more explicit security gating, stronger supervision of registration institutions, more cautious treatment of public data, and tighter mechanics around evidence preservation and certificate validity.

Article 1 — purpose and legal basis. The final text adds the goals of reducing data-circulation transaction costs and building an “open, shared and secure” national integrated data market. It also expressly anchors the Guide in the Data 20 Articles policy and adds PIPL and CSL to the legal-basis list.

Article 2 — scope. The final text adds “except as otherwise provided by laws and regulations” and extends the registrable subject matter from data resources and data products to “data products and services.”

Article 3 — definitions. The final text adds a definition of derived data: data formed through professional processing, modelling, analysis, key-information extraction and similar work that substantially changes content, form or structure and significantly increases value while protecting lawful rights and interests.

Article 4 — registration principles. The final text adds “security and order” as a principle and expressly prohibits registration activity that violates law, harms national security or the public interest, or infringes others’ lawful rights and interests.

Articles 5-6 — administration architecture. The final text removes the draft’s reference to “piloting and improving” registration-institution supervision rules and detailed registration rules. It instead frames the national data administration authority as building and managing the National Data Property Rights Registration Service System. Provincial authorities now have clearer daily-management and cross-regional coordination responsibilities.

Article 7 — registration-institution qualifications. The final text narrows the eligible entity type to enterprise and public-institution legal persons, adds funding-support requirements for public-institution legal persons, broadens the experience requirement from data-circulation service to data-registration or data-circulation related service, adds a registration-reviewer management system, and changes the professional-team standard from “professional qualifications” to “professional capabilities.”

Articles 8-11 — institution selection and operation. The final text consistently uses the National Data Property Rights Registration Service System rather than the Service Platform. It also adds periodic disclosure of business handling and full-time review-team construction, adds explicit commercial-secret protection, replaces the draft’s ban on profit-making data-provision activities with a broader ban on using registration convenience for improper benefit, and adds risk-disposal language to annual evaluation.

Article 12 — institution changes. The draft required reporting within five working days after specified changes. The final text requires reporting five working days in advance, links the report to changes affecting the qualification and operating requirements in Articles 7 and 10, and adds a rectification-or-exit consequence if the institution no longer satisfies the basic conditions after the change.

Article 13 — institution exit. The prior-notice period increases from two months to six months. The final text replaces the draft’s self-preservation / merger / designated-preservation structure with transfer of all registration materials and related data to another surviving registration institution designated by the provincial authority after NDA approval, while preserving the validity of certificates and making clear that prior liability is not extinguished.

Article 15 — public data. The final text deletes the draft’s broad opening sentence that all market-circulable data may be registered. It also changes public-data products and services formed after authorized operation from “shall, after public-data-resource registration, conduct data-property registration” to “may conduct data-property registration” after completion of public-data-resource registration. Public utilities are narrowed from “public utility enterprises and public institutions” to public utility enterprises.

Article 18 — review consequences. The final text adds that where the applicant cannot supplement supporting materials and the registration institution cannot verify through lawful channels, registration may be terminated.

Article 20 — source-compliance review. The final text adds a path for unclear contractual entitlement: the institution may ask the applicant to supplement the agreement or make a reasonable and prudent judgment based on the facts. It also consolidates personal-information and important-data checks into a single item tied to PIPL, DSL and other laws, and changes the derived-data comparison from “substantial and significant difference” to “substantial difference” plus significantly higher value.

Article 21 — rights-clarity review. For data collected by another person under a civil contract, the final text narrows the condition from the principal having the right to “obtain or copy and transfer” the data to the right to obtain the relevant data. The remaining seven scenarios are structurally unchanged.

Articles 22-23 — refusal and recorded limitations. The final text broadens refusal from data involving national security or state secrets to registration that may harm national security, public interests or lawful rights and interests. It also broadens source illegality from violation of laws and administrative regulations to violation of laws and regulations, and adds legally required recorded matters to the rights-limitation list.

Articles 24-29 — platform mechanics. Public announcement, evidence preservation, certificate issuance and post-registration objections now operate through the National Data Property Rights Registration Service System. Article 25 is tightened into one paragraph and no longer separately limits the no-registration decision to discovery during the announcement period.

Articles 26-27 — validity of registration. The final text moves the five-year validity rule from certificate issuance to evidence preservation: the validity period is generally no more than five years and runs from completion of evidence preservation. Article 27 now focuses on certificate issuance and consistency with preserved system information.

Article 31 — certificate use. The financing use case is sharpened from “data balance-sheet entry, financing, equity contribution” to “data-asset balance-sheet entry, financing guarantees, and equity contribution by valuation.” The business-coordination sentence is also reordered so that fairness and independence remain the threshold condition.

Articles 33-37 — registration types. Later registration types now are handled “in principle” by the institution that handled the initial registration, adding flexibility. Transfer, change, renewal and deregistration applications refer to the data-property-rights registration certificate rather than only the initial-registration certificate. Renewal is now available from six months before expiry through the day before expiry. Deregistration notice becomes written notice to the original applicant.

Articles 38-41 — liability and transition. Liability terminology is aligned to the Service System and “laws and regulations.” Article 41 adds an express duty to preserve relevant materials when simplifying procedures for pre-existing data registrations.

Chapter 1 General Provisions

Article 1. Purpose. This Guide is formulated in order to establish and improve the Data Property Rights system, build a nationally unified Data Property Rights registration system, reduce the cost of data circulation and transactions, cultivate an open, shared and secure national integrated data market, and implement the Opinions of the CPC Central Committee and the State Council on Building a Fundamental Data System to Better Leverage the Role of Data as a Factor of Production, in accordance with the Civil Code of the People’s Republic of China, the Data Security Law of the People’s Republic of China, the Personal Information Protection Law of the People’s Republic of China, the Cybersecurity Law of the People’s Republic of China, and other laws and regulations.

Article 2. Scope. Data Property Rights registration activities and the administration thereof carried out within the territory of the People’s Republic of China shall be conducted with reference to this Guide, except as otherwise provided by laws and regulations.

This Guide applies to Data Property Rights registration and administration of data in various forms, including data resources, data products and services.

Article 3. Definitions. For the purposes of this Guide:

• Data Property Rights refers to the property rights enjoyed by a rights-holder over specific data, including the Right to Hold Data, the Right to Use Data, and the Right to Operate Data.
• Right to Hold Data refers to the right of a rights-holder to hold lawfully acquired data, by itself or through another holder it entrusts.
• Right to Use Data refers to the right of a rights-holder to use data through processing, aggregation, analysis, and other methods to optimize production and operations or to form derived data.
• Right to Operate Data refers to the right of a rights-holder to provide data externally — for consideration or without consideration — through transfer, licensing, capital contribution, or the lawful creation of security interests over the data.
• Data Property Rights registration refers to the act of a Data Property Rights registration institution reviewing the description, source, and rights content of data in accordance with this Guide, recording information including the attribution of data rights, and issuing a registration certificate.
• Registration institution refers to a legal person selected and confirmed by the national data administration authority, included in the National Data Property Rights Registration Institution Catalogue, that carries out Data Property Rights registration activities.
• Registration applicant refers to a natural person, legal person, or non-legal-person organization that applies to a registration institution for Data Property Rights registration.
• Derived data refers to data formed by a data processor, in respect of data over which it enjoys the Right to Use Data, on the premise of protecting all parties’ lawful rights and interests, through the use of professional knowledge for processing, modelling analysis, key-information extraction and similar methods to achieve substantive changes to the content, form, structure and other aspects of the data, thereby significantly increasing the value of the data.

Article 4. Principles. Data Property Rights registration activities shall follow the principles of equality and voluntariness, standardization and unification, fairness and good faith, convenience and efficiency, and security and order. They shall not violate laws and regulations and shall not harm national security, the public interest, or others’ lawful rights and interests.

Article 5. Administration responsibilities. The national data administration authority is responsible for the administration of national Data Property Rights registration. Specific duties include: establishing and improving the nationally unified Data Property Rights registration system; guiding and supervising national Data Property Rights registration activities; building and administering the National Data Property Rights Registration Service System; and other duties prescribed by laws and regulations.

Provincial-level data administration authorities are responsible for the administration of Data Property Rights registration within their administrative regions. Specific duties include: guiding and supervising Data Property Rights registration activities within their administrative regions, conducting day-to-day administration of registration institutions within their administrative regions, coordinating cross-regional administration, and other duties prescribed by laws and regulations. Provincial-level data administration authorities may entrust municipal-level data administration authorities to carry out specific work.

Article 6. Registration service system. The National Data Property Rights Registration Service System aggregates registration results and provides, nationwide, unified Data Property Rights registration public announcement, registration-result inquiry and verification, and similar services. It supports the administration of registration institutions and related matters.

Chapter 2 Registration Institutions

Article 7. Basic qualifications. Registration institutions shall meet the following basic qualifications:

(I) Be an enterprise or public-institution legal person established under the law within the territory of the People’s Republic of China and in sound operating condition; for enterprise legal persons, the paid-up registered capital shall not be less than CNY 100 million; public-institution legal persons shall have funding support appropriate to the registration business they carry out;

(II) Have fixed office premises and infrastructure that meet operational needs;

(III) Have at least two years of experience in data registration or data-circulation related services;

(IV) Have a sound governance structure, registration-business administration system, registration-reviewer administration system, data security administration system, data-security risk-response plan, and service-withdrawal protection plan;

(V) Have a full-time review team whose members have professional capabilities in data, law and related fields and at least three years of work experience;

(VI) Have built an information system that supports Data Property Rights registration business, completed Multi-Level Protection Scheme (MLPS) Level 3 or higher filing for that system, and meet the basic conditions to interface with the National Data Property Rights Registration Service System;

(VII) Have no record of unfair competition, operational abnormality, or material illegal or non-compliant conduct in the past three years.

Article 8. Selection. Registration institutions are recommended by provincial-level data administration authorities and confirmed by the national data administration authority through selection. Selected registration institutions are included in the National Data Property Rights Registration Institution Catalogue, publicly disclosed, and connected to the National Data Property Rights Registration Service System.

Article 9. Selection procedure. Provincial-level data administration authorities shall conduct recommendation in accordance with the following requirements:

(I) Organize qualified enterprise and public-institution legal persons to submit applications;

(II) Conduct initial review of materials, expert evaluation, and collective decision-making to determine the recommendation list, and submit it to the national data administration authority.

Where the national data administration authority confirms an entity as a registration institution through the selection process, the provincial-level data administration authority shall organize the entity to submit registration-institution information on the National Data Property Rights Registration Service System.

Article 10. General requirements for conducting registration business. A registration institution may practice across regions and carry out registration business nationwide. A registration institution shall conduct registration business in accordance with the following requirements:

(I) Conduct Data Property Rights registration in a public, fair, and impartial manner;

(II) Properly preserve registration materials, with a retention period of not less than 20 years;

(III) Promptly and accurately disclose the Data Property Rights registration process, fee schedule, complaint channels, etc.; regularly disclose information on registration-business handling and full-time review-team construction; and accept social supervision;

(IV) Operate and maintain the information system supporting Data Property Rights registration business and properly interface with the National Data Property Rights Registration Service System;

(V) Establish an information-reporting system and report Data Property Rights registration matters to the data administration authority in a timely manner as required;

(VI) Undertake confidentiality obligations with respect to materials provided by registration applicants and take necessary measures to safeguard data security and protect trade secrets; shall not disclose or unlawfully use such materials;

(VII) Shall not engage in activities that affect the fairness or independence of registration, shall not use registration convenience to seek improper benefits, and shall not, as a registration applicant, apply for registration at its own registration institution;

(VIII) Shall strive to enhance registration service capacity, reduce registration costs, and provide reasonably priced registration services; shall not coerce bundling with other charged items.

Article 11. Administration of registration institutions. Provincial-level data administration authorities shall strengthen the administration of registration institutions. They may, based on supervisory needs, guide registration institutions to conduct Data Property Rights registration business in compliance with laws and regulations through means such as supervision-and-direction and regulatory interview. Where a registration institution conducts Data Property Rights registration business in violation of laws and regulations, the data administration authority, in conjunction with relevant departments, shall verify and take effective measures. Suspected criminal leads shall be referred to relevant departments for handling in accordance with the law.

The provincial-level data administration authority of the place where a registration institution is domiciled conducts day-to-day administration of the institution and receives and handles public opinions regarding registration activities. Where a registration institution practices outside its domicile and engages in illegal or non-compliant conduct, the provincial-level data administration authority of the place of practice shall coordinate with the institution’s domicile provincial-level data administration authority. Where disagreements cannot be resolved through consultation, the national data administration authority shall provide guidance to resolve the issue.

The national data administration authority shall formulate annual evaluation standards for registration institutions and conduct examination of evaluation outcomes. Registration institutions shall, by March 31 of each year, report the previous year’s Data Property Rights registration business to the provincial-level data administration authority of their domicile, ensuring that the materials reported are true, accurate, and complete. The domicile provincial-level data administration authority shall conduct annual evaluation of registration institutions and submit the evaluation results and related materials to the national data administration authority by April 30 each year. Where potential risks are found through evaluation, effective measures shall be taken to handle them promptly and properly.

Article 12. Changes in registration institution information. Where a registration institution undergoes any of the following circumstances, it shall report to the provincial-level data administration authority five working days in advance:

(I) Change of name, domicile, registered capital, legal representative, or, for an enterprise legal person, controlling shareholder or actual controller;

(II) Material matters that affect the conditions or requirements listed in Article 7 or Article 10 of this Guide, or other material matters that may affect the normal conduct of registration business.

After the above changes are reviewed and confirmed, the information shall be updated on the National Data Property Rights Registration Service System within five working days. Where, after the change, the registration institution no longer satisfies the basic-qualification requirements, the domicile data administration authority shall promptly guide the registration institution to rectify or withdraw from registration business.

Article 13. Withdrawal of registration institutions. A registration institution that wishes to withdraw from Data Property Rights registration business shall report to its domicile provincial-level data administration authority at least six months in advance and submit a withdrawal plan. The domicile provincial-level data administration authority shall make a decision on the withdrawal plan within 20 working days of receiving the report and plan. If withdrawal is approved, the relevant information shall be submitted to the national data administration authority within five working days of approval. Upon review and approval by the national data administration authority, the registration institution shall completely transfer all Data Property Rights registration materials and related data preserved by it to another surviving registration institution designated by the provincial-level data administration authority.

After a registration institution withdraws, the Data Property Rights registration certificates it issued during its registration business period remain unaffected, and legal liability arising from its registration acts during its practice period is not exempted in accordance with the law. Where fault during the registration institution’s practice period causes harm to others, the surviving legal person bears liability for damages. Where the registration-institution legal person has terminated, the matter shall be handled in accordance with relevant laws and regulations.

Chapter 3 Registration Procedure

Article 14. Registration procedure. Data Property Rights registration is conducted through the procedures of application, acceptance, review, public announcement, objection handling, information evidence preservation, and certificate issuance.

Article 15. Public data resources. For data involving public data resources, the following shall apply:

• Data collected and produced by Party and government organs in the performance of their statutory duties, and data collected by other enterprises and public institutions on the basis of need to perform statutory duties, shall not be subject to Data Property Rights registration;
• After the authorized operation of public data resources, public data products and services formed through development may be subject to Data Property Rights registration after completion of registration on the public data resource registration platform;
• Data produced by public utility enterprises in sectors such as water supply, gas supply, heating, electricity, and public transportation in the course of providing public services may be subject to Data Property Rights registration, unless otherwise provided.

Article 16. Registration application. Registration applicants shall, on a voluntary basis, apply for Data Property Rights registration to a registration institution by themselves or by entrusting others; they shall submit a registration application form and supporting materials regarding data source, Data Property Rights attribution, and other matters. Materials submitted shall be true, accurate, and complete, with no false records, misleading statements, or material omissions.

Article 17. Acceptance. Upon receipt of Data Property Rights registration application materials, the registration institution shall handle the application as follows and inform the applicant of the acceptance result within three working days:

(I) Where application materials are erroneous, incomplete, or non-conforming, the institution shall provide written notice of non-acceptance and inform the applicant in one go of the materials to be supplemented and the time limit for supplementation. If the applicant does not supplement materials on time, the application is deemed not made;

(II) Where application materials are complete and conforming, or where all required supplementary materials have been submitted as required, the institution shall accept the application and inform the applicant in writing.

A registration institution shall not refuse to accept an application without legitimate reason. The acceptance date is the date on which the institution informs the applicant of acceptance.

Where the registration institution fails to provide written notice of non-acceptance as required, the application is deemed accepted. The first working day after the notification time limit expires is the date of acceptance of the registration.

Article 18. Review principles. After accepting an application, the registration institution shall conduct reasonable and prudent review of the accuracy of the data description, the compliance of the data source, and the clarity of the Data Property Rights. The registration institution may require the applicant to supplement supporting materials and, where necessary, verify with interested parties or other relevant subjects. Where the registration applicant is unable to supplement supporting materials and the registration institution is unable to verify through lawful channels, the registration may be terminated.

Article 19. Accuracy review of data description. When reviewing the accuracy of the data description, the registration institution shall focus on whether the data name is concise, accurate, and unambiguous. The data name shall, in principle, include time, region, sector, content, and data type.

Article 20. Compliance review of data source. A registration applicant does not enjoy Data Property Rights over data obtained in violation of laws or regulations. When reviewing the compliance of the data source, the registration institution shall review the following:

• For data generated through collection, whether the collection conduct is lawful and compliant;
• For data obtained through agreement, whether the relevant agreement stipulates that the applicant enjoys the relevant Data Property Rights; where there is no stipulation or the stipulation is unclear, the registration applicant may be asked to supplement the stipulation, or a reasonable and prudent judgment may be made in light of the actual circumstances;
• For public data collected through automated procedures, whether the registered data is public data and whether the applicant’s means and methods of data collection are lawful and compliant;
• For data created through derivation, first whether the applicant has the Right to Use Data over the original data; second, whether the agreement stipulates the property-rights attribution of derived data — if no clear stipulation exists, whether there is a substantial difference in content, form, structure and other aspects from the original data, and whether the derived data has significantly higher value than the original data;
• For data involving personal information, important data or similar data, whether the data was obtained in compliance with the Personal Information Protection Law of the People’s Republic of China, the Data Security Law of the People’s Republic of China and other laws and regulations.

Article 21. Clarity review of Data Property Rights. The registration institution shall review the clarity of Data Property Rights in accordance with the following requirements:

(I) Data processors may register the Right to Hold, the Right to Use, and the Right to Operate over data collected and generated in their own production and operations, or in jointly participated production and operations, provided that the data was collected without violating laws, regulations, or contractual terms;

(II) Where various subjects, based on civil contract, authorize others to collect data that they cause to be produced and have the right to obtain the relevant data, they may register the Right to Hold, the Right to Use, and the Right to Operate over the obtained data;

(III) Natural persons may register the Right to Hold, the Right to Use, and the Right to Operate over data they lawfully collect, generate, or obtain;

(IV) For public data collected through automated procedures by a data processor that implements the national data classification and grading protection system requirements — and that does so without unlawful intrusion into others’ networks, without disrupting normal network service operations, without destroying effective technical measures, and without harming the lawful rights and interests of individuals or organizations — the data processor may register the Right to Hold and the Right to Use. For data products formed therefrom — provided they do not substantively substitute for the products and services of the data-collected party — the data processor may register the Right to Hold, the Right to Use, and the Right to Operate;

(V) Where multiple data processors cooperatively advance data integration and development, they shall register the relevant rights in accordance with their contract. Where there is no contractual stipulation on Data Property Rights over integrated data, or where the stipulation is unclear, each participating party may register the Right to Hold and the Right to Use. Subject to obtaining the consent of the other participating parties, the parties may register the Right to Operate;

(VI) Where a data processor, on the basis of the Right to Use Data held by it, applies professional knowledge — processing, modeling and analysis, key information extraction, etc. — to effect a substantial change in the content, form, or structure of the data, and thereby significantly enhances the value of the data to form derived data, the data processor may register the Right to Hold, the Right to Use, and the Right to Operate over the derived data, on the premise of protecting the lawful rights and interests of all parties;

(VII) Where another party is entrusted to process data, except as otherwise provided by law or stipulated by contract, the entrusted party may not register the Right to Hold, the Right to Use, or the Right to Operate over the original data, process data, or result data of the entrusted processing.

The Right to Hold Data, the Right to Use Data, and the Right to Operate Data are mutually independent. The same rights-holder may hold all of them or only one or more of them; over the same data and the same right, different rights-holders may hold rights simultaneously without exclusion.

Article 22. Non-registration. Where, upon review, any of the following circumstances exists, the registration institution shall not register and shall provide written notice to the applicant:

(I) The data registration may endanger national security, the public interest, or the lawful rights and interests of individuals or organizations;

(II) The data source violates the provisions of laws and regulations;

(III) There is an unresolved data-attribution dispute;

(IV) The applicant has concealed actual circumstances or provided false certifications;

(V) Other circumstances stipulated by laws and regulations as not eligible for registration.

Article 23. Recording of rights limitations. Where any of the following circumstances exists, it shall be recorded by way of remark:

(I) Where the term, conditions, or other matters of exercise of Data Property Rights are stipulated;

(II) Property-preservation measures, including seizure, lawfully implemented by the people’s court, people’s procuratorate, public security organ, or other authorized organ;

(III) Temporary control measures taken by the administrative competent authority for the purpose of safeguarding national security and the public interest;

(IV) Matters that laws and regulations require to be recorded;

(V) Other matters that the registration institution deems necessary to record.

Article 24. Public announcement. Where none of the circumstances in Article 22 apply, the registration institution shall publicly announce, on the National Data Property Rights Registration Service System, the applicant’s information, data name, data overview, and recorded rights limitations. With legitimate reasons, the applicant may apply to the registration institution for non-publication; the registration institution shall determine the matter in light of the actual circumstances.

The public announcement period is five working days, calculated from the date the announcement is published on the National Data Property Rights Registration Service System.

Article 25. Handling of objections during the announcement period. Where an objection is raised against the announcement content, the objecting party shall provide reasons and related materials. The registration institution shall investigate the objection within 10 working days from receipt of the objection, may require the applicant to provide explanation, and shall promptly issue a handling decision.

Where it is found that registration should not occur, the registration institution shall make a decision not to register.

Article 26. Information evidence preservation. The registration institution shall, in the National Data Property Rights Registration Service System, perform evidence preservation on important matters and registration results during the registration process, including but not limited to the applicant’s basic information, basic data situation, rights content, and rights limitations. This shall ensure that registration information cannot be tampered with, that the registration process is traceable, and that registration content can be verified. The applicant may voluntarily provide data watermark, data fingerprint, or similar information for the registration institution to preserve as evidence. The registered matters are deemed registered upon completion of evidence preservation of the registration information. The validity period of Data Property Rights registration is generally no longer than five years, calculated from the date evidence preservation of the registration information is completed. Renewal requires renewal registration.

Article 27. Certificate issuance. Upon completion of registration, the registration institution shall issue a certificate in accordance with the unified format and coding requirements provided by the National Data Property Rights Registration Service System and shall affix the institution’s dedicated registration seal. (A sample certificate and the coding rules appear in Annex 6.) Where the content of the registration certificate is inconsistent with the information preserved in the National Data Property Rights Registration Service System, the latter shall prevail.

Article 28. Time limit for registration. The registration institution shall complete Data Property Rights registration procedures within 10 working days from acceptance of the application. Where extension is required due to complex data source, large data scale, or other reasons, the period may be appropriately extended, but the extension shall not exceed an additional 10 working days. Registration institutions are encouraged to optimize and innovate registration services to improve efficiency and shorten time limits.

Time spent supplementing supporting materials, public announcement, and objection handling is not counted toward the period specified in the preceding paragraph.

Article 29. Handling of objections after registration is complete. Where an objecting party considers that a Data Property Rights registration involves an attribution dispute or a registration error, the party may raise an objection to the registration institution via the National Data Property Rights Registration Service System. Submission of an objection requires the objection application and preliminary evidence.

The registration institution shall review the completeness of the objection materials. If complete, the institution shall provide written notice to the registration applicant within five working days of receiving the materials.

If the applicant acknowledges the objection content, the registration institution shall, in accordance with procedures, modify the registration content or deregister.

If the applicant does not acknowledge the objection content, the applicant shall submit relevant explanatory materials. The registration institution may require the applicant and the objecting party to cooperate in the investigation and may issue an objection-handling conclusion. If both parties accept the conclusion, the registration institution shall handle the matter accordingly.

If either the applicant or the objecting party does not accept the registration institution’s handling conclusion, the party may, as agreed, apply to an arbitration institution for arbitration or institute a lawsuit with a people’s court. The registration institution shall handle the matter in accordance with the effective legal instrument of the people’s court or arbitration institution. Local data administration authorities with conditions to do so are encouraged to provide mediation services.

Article 30. Inquiry of registration materials. A registration applicant or interested party may, in accordance with the law, inquire about and copy necessary Data Property Rights registration materials. The registration institution shall provide them.

Relevant state organs may, in accordance with the provisions of laws and regulations, inquire about and copy Data Property Rights registration materials related to the matters they are investigating or handling.

Units and individuals that inquire about or copy Data Property Rights registration materials shall explain the purpose of inquiry and copying to the registration institution. They shall not use the materials obtained for other purposes; without the consent of the rights-holder, they shall not disclose the materials obtained.

Article 31. Use of registration certificates and national mutual recognition. In the following activities, a Data Property Rights registration certificate may serve as proof of the attribution and content of Data Property Rights:

(I) In data circulation transactions, as proof of Data Property Rights;

(II) In data-asset balance-sheet entry, financing guarantees, equity contribution by valuation and similar activities, as proof of lawful ownership or control of data;

(III) In the resolution of data-related disputes, as evidence of attribution determination;

(IV) In support policies such as data-enterprise cultivation and accreditation, as evidence to judge a company’s data situation.

Registration institutions are encouraged, on the premise that registration fairness and independence are not affected, to strengthen business coordination among Data Property Rights registration, data quality evaluation, value evaluation, etc., and provide full-process services to the market.

When data circulation service institutions provide services, they shall accept the registration certificate issued under this Guide. Without legitimate reason, they shall not conduct duplicate review or duplicate charge.

Chapter 4 Registration Types

Article 32. Types. Data Property Rights registration includes initial registration, transfer registration, change registration, renewal registration, and deregistration.

Article 33. Initial registration. Initial registration means the first registration of Data Property Rights over specific data with a registration institution.

To apply for initial registration, the applicant shall submit an initial registration application form (see template in Annex 1), supporting materials of the applicant’s identity, supporting materials of the lawful acquisition of Data Property Rights, data samples, and data description, among other materials.

For the same data, other types of registration can only be conducted after initial registration is completed. Other registration types shall in principle be handled by the registration institution that handled the initial registration.

Article 34. Transfer registration. Where a transferor has completed initial registration and holds the Right to Hold Data, the Right to Use Data, and the Right to Operate Data, and intends to transfer all or part of the Data Property Rights to a transferee without retaining the transferred portion, the transferor and the transferee shall jointly apply for transfer registration.

To apply for transfer registration, the applicant shall submit a transfer registration application form (see template in Annex 2), the transfer contract, and the Data Property Rights registration certificate, among other materials. If the registration institution accepts and approves the transfer registration, it shall adjust the transferor’s Data Property Rights registration certificate accordingly.

Article 35. Change registration. Where matters such as the rights-holder, data source, or rights type do not involve major changes, but the following circumstances arise, the applicant may apply for change registration:

(I) Changes in applicant identity information, such as name, legal representative, or address;

(II) Errors in or changes to the data description information, data time-span, or similar matters.

To apply for change registration, the applicant shall submit a change registration application form (see template in Annex 3), the Data Property Rights registration certificate, and supporting materials for the change content.

Article 36. Renewal registration. From six months before the expiration of the validity period of the Data Property Rights registration certificate through the day before expiration, the applicant may apply to the registration institution for renewal registration. Where the validity period of the Data Property Rights registration certificate expires and renewal registration is not applied for, the registration certificate automatically becomes invalid.

To apply for renewal registration, the applicant shall submit a renewal registration application form (see template in Annex 4) and the Data Property Rights registration certificate.

Article 37. Deregistration. Under the following circumstances, the registration institution shall deregister registered Data Property Rights:

(I) The applicant applies for deregistration;

(II) The Data Property Rights of the original rights-holder have been extinguished due to data destruction or similar reasons;

(III) Deregistration should be conducted in accordance with the outcome of objection handling;

(IV) Other circumstances stipulated by laws and regulations.

To apply for deregistration, the applicant shall submit a deregistration application form (see template in Annex 5), the Data Property Rights registration certificate, and other materials required by the registration institution. Where the registration institution finds that the registration certificate should be deregistered, it may deregister on its own initiative and notify the original applicant in writing.

Chapter 5 Legal Liability

Article 38. Liability of registration institutions. Registration institutions are liable in accordance with the law for the accuracy of registration results. Where a registration institution or its staff engages in any of the following conduct, with relatively minor circumstances, the provincial-level data administration authority of the institution’s domicile shall order rectification within a time limit and suspend the institution from publishing registration information on the National Data Property Rights Registration Service System. Where circumstances are serious or rectification is refused, the institution shall be removed from the National Data Property Rights Registration Institution Catalogue. Where a violation constitutes a crime, criminal liability shall be borne in accordance with the law:

(I) Registering an application that does not meet registration requirements or registering erroneously, due to intent or gross negligence;

(II) Tampering with, damaging, or forging Data Property Rights registration information and registration certificates;

(III) Disclosing Data Property Rights registration materials, registration information, etc., and thereby harming national security, the public interest, or others’ lawful rights and interests;

(IV) Other illegal or non-compliant conduct.

Where the registration institution engages in the above conduct and causes harm to others, it shall bear liability for damages in accordance with the law. After bearing liability, the registration institution may, in accordance with the law, seek recourse against other responsible parties.

Article 39. Liability of registration applicants. Where a registration applicant engages in any of the following conduct that causes harm to others, the applicant shall bear civil liability for damages in accordance with the law; where a crime is constituted, the applicant shall bear corresponding liability in accordance with the law:

(I) Obtaining registration by deception, including concealment of true circumstances and provision of false materials;

(II) Intentionally seeking improper benefit through duplicate registration;

(III) Harming national security, the public interest, or others’ lawful rights and interests;

(IV) Other illegal or non-compliant conduct.

Article 40. Liability of data administration authority staff. Staff of data administration authorities who, in administering Data Property Rights registration activities, abuse power, neglect duty, or engage in malpractice for personal gain shall bear corresponding penalties or administrative sanctions in accordance with the law; where a crime is constituted, criminal liability shall be borne in accordance with the law.

Chapter 6 Supplementary Provisions

Article 41. Coordination with other registrations. Before this Guide takes effect, for data registrations of other types that have been completed and where the matters reviewed are consistent with the requirements of this Guide, the registration institution may, in light of specific circumstances, simplify the review procedure and preserve the relevant materials.

Article 42. Meaning of “or more” and “or less”. As used in this Guide, the terms “or more” (以上) and “or less” (以内) include the cited number.

Annexes

The Trial Guide attaches six annexes, summarized here rather than translated verbatim:

• Annex 1 — Initial Registration Application Form. Fields: applicant identity, contact information, business information; data information (name, overview, sector under GB/T 4754, source, geographic and temporal range, update frequency, data volume, data form, use restrictions); rights configuration.
• Annex 2 — Transfer Registration Application Form. Fields: data name, original certificate number; transferor and transferee identity, contact, and address; content of rights transferred.
• Annex 3 — Change Registration Application Form. Fields: data name, certificate number; applicant identity; change matter (before/after content).
• Annex 4 — Renewal Registration Application Form. Fields: data name, certificate number; applicant identity; renewal matter (renewal period, rights types being renewed).
• Annex 5 — Deregistration Application Form. Fields: data name, certificate number; applicant identity; reason for deregistration.
• Annex 6 — Data Property Rights Registration Certificate Sample and Coding Rules. The certificate code is 15 digits, consisting of: fixed identifier (2 digits — “SJ”), region (2 digits — per PRC administrative-division codes), registration institution (1 digit), code-issuance date (6 digits — YYYY-MM), and serial number (4 digits, capped at 9999 per month). Total positions: 15.