Filed under data-pledge-financing
Every brief tagged "data-pledge-financing".
- § 01 · DATA-PLEDGE-FINANCING
Data Pledge Financing in China: What Is Actually Being Pledged, and Where the Law Gets Stuck
As Chinese banks and data exchanges experiment with data pledge financing (数据质押融资), a threshold question remains unresolved: what, legally, is being pledged? Chen Yiqian of Shenzhen Data Exchange walks through the two available routes under the Civil Code — chattel pledge (动产质权) and rights pledge (权利质权) — and the three operational problems that make chattel pledge difficult and the two doctrinal barriers that make rights pledge harder still. The analysis converges on a practical conclusion: chattel pledge via a third-party data custodian is the most workable path today, while data property rights and data intellectual-property rights both remain insufficiently legalised to support a reliable pledge. For overseas counsel advising on China data-asset financing, the gap between policy ambition and legal infrastructure is the central risk to price. Connects to the broader data property-rights registration project and the unresolved question of how data enters corporate balance sheets.