Filed under employment-data
Every brief tagged "employment-data".
- § 01 · 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.