The digital economy sets the rules for the future

2022-06-14 0 By

From January 1, 2022, many local regulations on data will come into force, such as The Data Regulations of Shanghai municipality, Data Regulations of Shenzhen Special Economic Zone, and Regulations on Promoting Big Data Development of Shandong Province.This is the beginning of the year in the field of data after the implementation of the Data Security Law and the Personal Information Protection Law.At present, many local governments have not only set up functional departments such as data resource administration bureau or Big data development Administration Bureau, but also accelerated the progress of data legislation, enhanced data governance capacity and improved data governance system.In terms of content, data resources, infrastructure, development and application, and data security are the focus of local data legislation.The reporter found that, on the one hand, local data legislation has been successively, presenting imbalance in data governance.Specifically, there are comprehensive legislation. For example, Shenzhen Special Economic Zone Data Regulation covers personal data, public data, data factor market, data security and other aspects, making it the first basic and comprehensive legislation in the field of data in China.There is also classified legislation in the field of data. For example, After guizhou province issued the first big Data local law and regulation on Promotion of Big Data Development and Application in Guizhou Province, it formulated the Big Data Security Regulation of Guizhou Province and Data Sharing and Opening Regulation of Guizhou Government respectively.On the other hand, in addition to data legislation, local measures on data resource governance are also reflected in relevant regulations to promote the development of digital economy.For example, there is a special chapter on “data resources” in the Regulations on promoting Digital Economy of Zhejiang Province.The Regulations of Guangdong Province on the Promotion of Digital Economy make clear provisions on the development, utilization and protection of data resources, explore data trading modes, cultivate data element markets, regulate data trading behaviors and promote the efficient circulation of data.In recent years, a series of policies have been introduced at the national level to provide clear direction and guidance for local data legislation.In April 2020, the CENTRAL Committee of the Communist Party of China and The State Council issued opinions on Building a More Perfect Market-oriented Allocation System and Mechanism for Factors of Production, which juxtapoded data with land, labor, capital and technology, and explicitly proposed to “guide the cultivation of big data trading market and carry out data trading in accordance with the law and regulations”.The 14th Five-year Plan for the Development of the Digital Economy, which was released on January 12 this year, sets the goal of “establishing a market system for data elements initially”.The reporter found that the relevant data legislation around the country aims to promote the use of data and industrial development as the basic positioning, promote the circulation and development of data to the greatest extent, further stimulate the vitality of market players, and promote the development of digital economy and society.Many local regulations are characterized by institutional innovation leading reform and development.In the chapter of “Data factor Market” and “Data reform of Pudong New Area”, the “Shanghai Data Regulation” specifies the institutional framework for cultivating data factor market, and the establishment of data exchange, international data port and other substantive measures.The Data Regulations of Shenzhen Special Economic Zone put forward that market subjects can independently use data products and services formed by legitimate data processing in accordance with the law, obtain profits and dispose of them.Market entities are encouraged to formulate enterprise standards related to data and participate in the formulation of relevant local standards and group standards.”The upsurge of local data legislation is essentially due to the rapid development of the current digital economy, especially the role of data production factors, which puts forward a strong demand for the effective supply of legal rules.”Kong Xiangwen, assistant professor at the Law school of the University of International Business and Economics, said that in the current round of data legislation, many provinces and cities are focusing on the issue of public data sharing and opening that has not been systematically stipulated by national legislation.Local governments hope to establish rules to guide and seize opportunities for the development of the digital economy.”The development of data-related industries involves complex issues of the definition and distribution of rights and interests, as well as the balance of different types of conflicting rights and interests, and requires a legal system to clarify rules and draw boundaries.”Kong xiangwen said.”China’s data legislation, the pursuit of segmentation feasible differential normative institutional arrangements, not only to see the general requirements of data security, but also to see in special areas, such as government data, public data set a series of special systems.Wu Shenkuo, executive director of the International Center for Network Rule of Law at Beijing Normal University, analyzed that domestic data legislation is adapting to the current industrial development and social public demands, reflecting the trend of parallel legislation on data security and data protection.Local legislation to enhance network security protection capabilities, improve the level of data security, effectively prevent all kinds of risks.At the same time, we will strengthen collaborative governance and oversight mechanisms, enhance the government’s capacity for digital governance, and improve the new pattern of multi-faceted governance.”Data is the core factor of production in the digital economy.Only by accurately defining data ownership and standardizing data protection, transfer and transaction, can data truly empower the digital economy.””Said Zhao Ruigang, vice president of the Beijing Internet Court.Local data legislation in full swing, need to pay attention to what issues?”Local data legislation should be problem-oriented, ensure that the system is practical and feasible, avoid copycatting legislation that simply copies upper-level laws and rules of other provinces and cities, and avoid local data protectionism.”Kong Xiangwen believes that local data legislation should conform to the characteristics of data-related industries, deal with the internal tension between data sharing and control, public interests and rights and interests of data subjects, adhere to the concept of risk prevention, and achieve the dynamic balance of multiple rights and interests.(Economic Daily Reporter Li Wanxiang)