Kurzbeschreibung

Reihe: Beiträge zu Datenschutz und Informationsfreiheit. Band: 40

Data protection constitutes a significant challenge confronting the global legal community. China safeguards data through the Cybersecurity Law, Data Security Law, Personal Information Protection Law, and the Regulations on the Management of Network Data Security. Simultaneously, the Anti-Unfair Competition Law (2025) specifically addresses common cases of unfair competition in judicial practice concerning data acquisition and utilization. Furthermore, the „Twenty Data Measures“ (Shuju Ershi Tiao) promulgated by China's State Council delineate the fundamental pathway and direction for China's data property rights system.

The European Union has established a stringent data protection regime through regulations such as the GDPR (General Data Protection Regulation), DMA (Digital Markets Act), DGA (Data Governance Act), and DA (Data Act), exerting a profound influence on global data theory and practice. The United States regulates data enterprises through legislative instruments including the California Consumer Privacy Act (CCPA) and the Executive Order on Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern.

Against this backdrop, the book primarily focuses on theoretical research and judicial practice concerning China's data governance. The theoretical section systematically reviews and summarizes China's major theoretical frameworks for Enterprise Data protection. Chinese scholars have developed six key protection paths — Property Right Protection Path, Intellectual Property Protection Path, Competitive Interests Protection Path, Personal Information Rights Protection Path, Behavioural Protection Path, and New Rights and Interests Protection Path — principally grounded in three core theories: The Theory of Data Production, The Theory of Data Circulation, and The Theory of Transaction Cost, each exhibiting distinct advantages and limitations.

The practical section is rooted in China's judicial practice, adopting the reasoning sequence prevalent in most Chinese court judgments to methodically examine three critical dimensions: Rights and Interests Confirmation → Behavioural Protection → Legal Remedies. Recent years have witnessed courts across China, from the Supreme People's Court down to local tribunals, accord heightened importance to data-related adjudication. Certain judgments feature analysis as thorough and logical rigor as academic papers, constituting invaluable resources for legal professionals. Although China is not a case law country, judicial cases serve as an indirect legal source in its civil law system and play a crucial role in guiding judicial adjudication.

Through systematic examination of numerous domestic cases spanning copyright and antitrust domains, the book: 1.Identifies core legal issues; 2.Curates landmark judgments; 3.Collates divergent judicial viewpoints; 4. Substantiates arguments with representative cases. Reflecting the principle that „legal innovation emerges from resolving practical problems“, this work aims to provide reference and inspiration for both theoretical research and legal practice.