Data Protection in 2023: Towards a More Pragmatic Regulatory Framework and Establishment of a Data Element Market

February 08, 2024 | BY

Susan Mok

2023 was a highly significant year for the regulation of data protection in China. Casper Sek of Jingtian & Gongcheng charts the key developments

Summary

|
  • A number of significant areas received close legislative and regulatory attention in 2023
  • This included cross-border data transfer, where a clear willingness to adopt a pragmatic approach was evident
  • A series of data protection rules and standards were progressively implemented, or published for public consultation, and enforcement was broad and decisive
  • The authorities also responded promptly and robustly to the new compliance challenges posed by emerging technologies, including generative AI; this included issuing what is thought to be the world's first governmental rule directly governing this area

The year 2023 marked a pivotal period of transformation within China's digital economy and data protection sphere. The year was characterized not only by more pragmatic adjustments to the regulatory framework by China' data regulatory authorities but also by their proactive response to the challenges posed by new technologies. 2023 was also a significant year for the construction and development of China's data element market system.

1.   Enhanced and Pragmatic Adjustments to the Regulatory Framework for Overseas Data Transfer

This premium content is reserved for
China Law & Practice Subscribers.

  • A database of over 3,000 essential documents including key PRC legislation translated into English
  • A choice of newsletters to alert you to changes affecting your business including sector specific updates
  • Premium access to the mobile optimized site for timely analysis that guides you through China's ever-changing business environment
For enterprise-wide or corporate enquiries, please contact our experienced Sales Professionals at +44 (0)203 868 7546 or [email protected]