Filed under data-registration
Every brief tagged "data-registration".
- § 01 · DATA-PROPERTY-RIGHTS
China's Data Property Rights Registration Guide Is Final: The Draft-to-Trial Diff
On 1 July 2026, the National Data Administration issued the Data Property Rights Registration Work Guide (Trial), converting its April 2026 consultation draft into China's first national framework for registering the Right to Hold Data, Right to Use Data and Right to Operate Data. The final text keeps the same six-chapter, 42-article structure, but the diff is not cosmetic: security and public-interest gates are stronger; derived data is now defined; the national infrastructure shifts from a service platform to a service system; registrars face tighter qualification, disclosure, annual-evaluation, change-reporting and exit rules; public-data registration is softened from mandatory to conditional/voluntary wording; unclear contractual entitlement receives a cure path; evidence preservation, not certificate issuance, now starts the validity period; and certificate use is sharpened for data-asset balance-sheet entry, financing guarantees and valuation-based equity contribution.
- § 02 · DATA-ECONOMY
Li Yang: Why 'Data Rights-Confirmation' Is a Category Error — Dynamic Data Can't Be a Registration Object, and AUCL Article 13 Is the Better Path
DCC's summary of an opinion piece by Li Yang (李扬), professor at China University of Political Science and Law, arguing that the whole project of 'data rights-confirmation' (数据确权) — and the data-IP registration pilots run under it — rests on a category error. In Chinese IP law, 'confirmation' (确权) is the authoritative validation of an already-existing right, and it presupposes three things data lacks: a determinate object, defined rights content, and clear boundaries. Civil Code Art. 127 only defers the question; 'data IP' is a policy concept, not a legal one; and data is co-produced by many parties, so registration proves who submitted data, not who owns it. Li Yang's sharpest move is the dynamic-object problem: registration regimes (real estate, IP, equity) require a persistently stable object, but data's value lives in continuous updating, so the data at registration is never the data in dispute — and blockchain/hash/timestamp '存证' only fix a historical snapshot, never the living data stream, confusing proof-of-existence with object-identification. He concludes that registration's real functions are evidentiary and publicity/transaction-support — not rights-confirmation — and that data governance should move from rights-confirmation to interest-protection, from static-rights thinking to dynamic-competition thinking, protecting commercial-data interests under Article 13 of the Anti-Unfair Competition Law. DCC's read for overseas counsel, against the data-IP registration regime and the Beijing Internet Court's first AUCL Article 13 ruling.
- § 03 · DATA-ECONOMY
What a 'Data-Asset ABS' Actually Securitises — The Collateral Is Data, the Cash Flow Is Not
The name misleads. A Chinese 'data-asset ABS' (数据资产证券化) is labelled as such when data-pledged collateral exceeds 50% of the asset pool — but the underlying assets that actually generate the repayment cash flow are conventional financial claims: supply-chain receivables, trust-loan beneficiary rights, or finance-lease claims. Data is the collateral, the credit-enhancement, or the pricing-and-monitoring tool — not the cash-flow source. This brief, the second in DCC's data-asset-ABS series, unpacks the mechanism overseas counsel need to price the risk: the four live deal structures (trust-loan, receivables, finance-lease, data-empowerment); the difference between accounting recognition (入表) and legal right-confirmation (确权); and the four legal infirmities that make these deals fragile — unsettled data property rights, the true-sale problem created by data's non-exclusivity, the limits of bankruptcy isolation when asset value depends on the originator's continued operation, and the PIPL/DSL eligibility gates. It reads the flagship deals (平安-如皋, 华鑫-鑫欣, 青岛, 杭州高新金投) for what each actually did.
- § 04 · 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.
- § 05 · JUDICIAL
Datatang v. Yinmu — China's First Ruling on a Data-IP Registration Certificate, and Why Open-Sourced Data Is Still Protected
A consolidated case study of 数据堂诉隐木科技 (Datatang v. Yinmu) — the Beijing IP Court's June 2024 appeal ruling, widely called China's first case on the evidentiary effect of a data-IP registration certificate. The dispute: Datatang built voice datasets for AI training, open-sourced some under a license; Yinmu took and redistributed them in the same data-services market. DCC synthesizes four commentaries (the case report, a Tsinghua analysis, and two Shenzhen Data Exchange DEXC+ deep-dives) into the four holdings that matter for overseas counsel: (1) a data-IP registration certificate is prima facie evidence of property-type interests and lawful sourcing — but not an absolute property right (property-rights-statutism); (2) open-sourced data, though neither trade secret nor copyrightable compilation, is protectable under the Anti-Unfair Competition Law's general clause; (3) the protection hierarchy (compilation work → trade secret → AUCL Art. 2); and (4) whether the taker honored the open-source license is the hinge for 'improper conduct.'
- § 06 · 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.