On July 24, 2021, the “Qianhai International Legal Seminar: Data Rights” hosted by the SCLA National Development Council (NDC) and co-organized by the Geneva International Dispute Institute (GIDI) and the YGAE Shenzhen was successfully held in Conference Room No. 2 of the Qianhai Office of the SCLA.
Speakers at this seminar include Tang Xiaobing, Consultant of Gaopeng Law Firm and former Senior Counselor of World Trade Organization, Zhu Yaolong, Partner at Zhongyin Law Firm, Olga Tsiptse, President of EADPP in Greek Branch, Li Libin, Partner at Zhong Lun Law Firm, and Han Zheng, Partner at Jinmao Law Firm. Michael Lin, Director of the International Intellectual Property Commercialization Council, and Chloe Chen, Partner at Dentons and former Senior Legal Officer at Huawei, were the guest commentators for the seminar. A total of more than 20 practitioners from enterprises, public institutions, social organizations, and law firms engaged in data compliance related work participated in this seminar. The seminar was hosted by Zhang Tianze, director of the SCLA.
The seminar began at 3pm. First of all, Mr. Tang Xiaobing took “Intergovernmental Data Protection Negotiations” as the theme, and shared his views and opinions on how the governments regulate digital trade, data protection and cybersecurity issues, as well as the challenges and opportunities of international cooperation contained therein. Mr. Tang shared some of the main differences in the WTO’s e-commerce agreement plurilateral negotiations, the impact of digitalization on the society and economy, the challenge of digital technology to government supervision, and how to use trade policies to protect data/improve cybersecurity. Mr. Tang also combined with the examples such as recent US proposals on cybersecurity supervision, WTO and GATT exception clauses, Trump administration’s executive order on Huawei, and DiDi’s listing data security issues, to explain profound theories in a simple way and make people think.
Next, Mr. Zhu Yaolong from Zhongyin Law Firm discussed the issues of corporate compliance and data compliance from the perspective of personal information security with the topic of “Implementing Personal Information Security and Constructing Corporate Compliance Systems”. Mr. Zhu shared the phenomenon and analysis of data breach, changes in data compliance rules, and control measures for data compliance. Regarding the control measures for data compliance, Mr. Zhu believes that it includes internal control and external control. Internal control measures include employing a person in charge of personal information protection, implementing personal information security projects, recording personal information processing activities. External control measures include adding “the independent choice of multiple business functions”, modifying “personal information subject cancellation accounts”, insisting the principle of “lawful, justifiable and necessary”, third-party access management. Mr. Zhu believes that the concept of data compliance should be run through the entire process of product or service design, operation, and maintenance, and strict implementation of data compliance measures will help to build a sunny, honest and anti-corruption system in the new era of big data.
Afterwards, Olga Tsiptse, President of EADPP in Greek Branch, shared the protection of personal privacy in the EU’s General Data Protection Regulation (GDPR) with the topic “EU GDPR-Chinese PIPL Perspectives on Data Protection”. Starting from European data protection laws and regulations, Olga reviewed the EU GDPR, including GDPR’s supervision, jurisdiction, regulations on the rights of data subjects, and GDPR’s impact on other countries.
After the coffee break, from the perspective of data compliance on privacy computing in the red chip structure, Li Libin, partner at Zhong Lun Law Firm, started from the concepts of “data”, “data power”, and “data right”, and shared with us the outline of China’s data compliance legal system, the key points of data compliance risk in the red chip structure, the balance of privacy computing and personal information protection. He also combined with his previous practical experience in legal affairs, and patiently answered the questions of the participants.
The last guest to share was Mr. Han Zheng from Jinmao Law Firm, with the topic of “Industrial Policy and Boundary of Data Rights”. Mr. Han first introduced and analyzed the current background of the times. As a productivity factor, data has challenged place of monetary capital with greatest organization ability in factors of production. Thus, China’s industry competing strategy is to balance the economic targets between inclusiveness and competitive advantage. Also, China is making an action plan to build a high-standard market system. In terms of the boundary of data rights, Mr. Han shared the key regulations on data, data asset confirmation and accounting confirmation, the authorized use of data, and the tradability of data, and he prospected for future developments and new challenges.
During the sharing process of the five guests, the participants actively participated in the discussion, and the guests responded to and discussed the issues of concern to the participants one by one. On-site interaction is frequent and the atmosphere is warm.
After the five guests had finished sharing, Mr. Michael Lin and Ms Chole Chen respectively issued comments and opinions, expanded and extended the sharing content of the speakers and the theme of this seminar. Combined with their practical experience, they put forward suggestions for corporate data compliance.
Focusing on the current hot issue of data compliance, this seminar provides a platform for sharing and communication for domestic and foreign legal professionals and industry professionals. As the beginning of the Qianhai International Legal Seminar Series, the successful holding of this seminar is a useful attempt. In the future, the SCLA will organize more seminars to promote industry exchanges and development.
(Reporter: Jie Hu)