Shanghai Solicits Opinions on Data Regulations

Shanghai issued “Regulations of Shanghai on Data (Draft)” (“Regulation”) for soliciting public opinions. The Regulation covers data rights protection, public data, data element market, data resource development and application, data reform in Pudong New Area, data cooperation in the Yangtze River Delta, data security, legal responsibility, etc.

The highlights of the Regulation are as follow:

1. Setting up a data exchange in Pudong New Area to carry out substantive operations. Encouraging and guiding natural persons, legal persons and unincorporated organizations to conduct transactions through data exchanges in accordance with the law. Pudong New Area government departments and state-owned enterprises shall conduct data procurement and circulation transactions through data exchanges.

2. Building an international data port and offshore data center in the Lingang New Area. Exploring and formulating a low-risk cross-border data flow catalog in the Lingang New Area to promote the safe and free flow of data across borders. Building offshore data centers, introduce overseas data in accordance with international agreements and legal regulations, and support enterprises to carry out relevant data processing activities.

3. Clarifying the establishment of a unified data standard system and data share mechanism in the Yangtze River Delta. Promoting the establishment of an inter-regional data verification and processing mechanism, and a data reconciliation mechanism. Promoting mutual recognition and intercommunication of digital authentication systems and electronic certificates, and supporting inter-regional coordination of government services and urban operation management.