China Laws and Regulations Update in December 2022

1. Instructions on Formulating Fundamental Data Policies to Take Good Advantage of Data Elements

Promulgated by the Central Committee of the Communist Party and the State Council

Promulgation date: 19 December 2022

The Instructions includes 20 policies relating to data property, trade, profit distribution and security governance in order to establish underlying data policies and systems in China, fully activate data elements, energize real economic development, vitalize market entities, help develop new growth perspective and promote sound development. The Instructions explicitly mentions exploration of data property structuring system and establishment of confirmation and authorization systems for classification and grading of public, corporate and individual data. It also puts forward establishment and improvement of personal information confirmation and authorization mechanisms in order to cause data processors to legally collect, possess, use and entrust others to manage data containing personal information within the individual’s authorized scope, regulate activities of processing personal information, prevent excessive collection of personal information by “package licensing”, forced approval, etc. and promote fair use of personal information. (Source: Chinese Government website)