Filed under data-element-market
Every brief tagged "data-element-market".
- § 01 · DATA-PROPERTY-RIGHTS
Inside the Reviewer's Mind — A Compliance Guide to Data Property-Rights Registration at Shenzhen Data Exchange
China's data property-rights registration (数据产权登记) regime has no single national rulebook yet, which makes the reviewer's checklist at the registrar level the operational baseline for any applicant. This brief summarises a practitioner guide by two compliance managers at Shenzhen Data Exchange (深圳数据交易所), explaining what registration reviewers actually scrutinise: whether the subject-matter falls within the platform's accepted scope; whether the applicant can substantiate entitlement to one or more of the three data-property rights (持有权 / 使用权 / 经营权); and whether the submitted materials are internally consistent and complete. The guide also clarifies common misconceptions about the 'three rights' structure — including why 'data ownership' is not a legally recognised concept and why holding-right does not automatically confer use-right or operating-right. For overseas counsel advising clients on data-asset registration, this is the clearest available account of how the first-mover registrar reads applications.
- § 02 · PUBLIC-DATA
Inside the Gate: How Enterprises Can Compliantly Process, Operate, and Trade Public Data Under China's Authorized-Operation Model
China's public-data authorized-operation regime (公共数据授权运营) is the primary route for enterprises to commercialise government-held data. A DEXC+ analysis by Yang Haoran maps the full compliance arc: what qualifies as public data, how it must be processed within a sandboxed platform, and what a data product needs to clear before it can be listed on an exchange. Drawing on the National Data Administration's draft Authorized-Operation Implementation Specifications and Shenzhen Data Exchange's own 3×4 dynamic-compliance framework — covering subject compliance, subject-matter compliance, and circulation compliance across legal, security, integrity, and rights dimensions — the brief gives overseas counsel a structured view of the obligations that attach at each stage of the public-data supply chain, from first authorisation to on-exchange listing.
- § 03 · PIA
The PIA as a Trading-Compliance Line — What the Network Data Security Management Regulations Add for Personal-Information Data Products
China's personal-information protection impact assessment (PIA / 个人信息保护影响评估) has long been a statutory requirement under PIPL, but uptake in data-trading contexts remains low. A DEXC+ analysis by Wang Senpeng of Shenzhen Data Exchange argues that the Network Data Security Management Regulations (网络数据安全管理条例, 'Network Data Regs') significantly refine when and how a PIA must be conducted before a personal-information data product changes hands. The brief maps three trigger layers — subject compliance, subject-matter compliance, and circulation compliance — and then draws out the evaluation dimensions the Regulations add: a new 'dual-list' privacy-policy requirement, data-processing-agreement minimum contents, a three-year record-keeping obligation, and tightened rules on web-scraping and de-identification. For overseas counsel: a PIA is no longer just a cross-border formality — it is the primary compliance gate for trading sensitive data, delegated-processing arrangements, and any automated-decision-making data product.
- § 04 · DATA-PROPERTY-RIGHTS
From Copyright to Data Property: The Three-Layer Compliance Test for Registering Employee-Created Data in China
China's data property-rights registration regime treats copyright and data property (数据产权) as separate legal categories — a distinction that catches many applicants off guard when employee-created works are involved. This brief summarises a practitioner analysis by two Shenzhen Data Exchange compliance officers, who explain the three-layer 'penetrating review' (穿透审核) logic that registrars actually apply: lawful acquisition (合法获取), factual control (事实持有), and defined scope of use (使用范围). For overseas counsel advising clients that hold data generated by employees — including code, engineering drawings, maps, and other special categories of work-made-for-hire under China's Copyright Law — the key operational takeaway is that a copyright certificate alone is insufficient. Registration of all three data property rights (holding right, use right, operating right) requires distinct evidence chains for each, and the employment contract is the starting document, not the copyright certificate.