Data Regulation with Chinese Characteristics

29 Pages Posted: 5 Aug 2019 Last revised: 10 Jul 2020

See all articles by Henry S. Gao

Henry S. Gao

Singapore Management University - School of Law

Date Written: August 1, 2019

Abstract

Data regulation has become a key issue in today’s world. For various reasons, however, it has been challenging to understand data regulations in China, home to the largest e-commerce market in the world. This paper traces the evolution of data and Internet regulation in China, from the early days of the Chinese Internet, to the regulatory turf wars among different agencies, and all the way to the elevation of data and Internet regulation to the level of national security and the rise of a super-agency in charge of the issue in recent years. The paper argues that, the Chinese Internet regulation has evolved from the regulation of the hardware and then software, to the regulation of content and now data. Through a detailed analysis of the rationale and operation of “data regulation with Chinese characteristics”, the paper aims to not only help people understand the inherent logic and mechanisms of the Chinese data regulatory model, but also find ways to deal with such regime at the international level, especially in view of the ongoing Joint Statement Initiative negotiations on electronic commerce.

Keywords: WTO, e-commerce, digital trade, data

Suggested Citation

Gao, Henry S., Data Regulation with Chinese Characteristics (August 1, 2019). SMU Centre for AI & Data Governance Research Paper No. 2019/04, Singapore Management University School of Law Research Paper No. 28/2019, in Mira Burri (ed), Big Data and Global Trade Law, Cambridge University Press, 2020. , Available at SSRN: https://ssrn.com/abstract=3430284 or http://dx.doi.org/10.2139/ssrn.3430284

Henry S. Gao (Contact Author)

Singapore Management University - School of Law ( email )

55 Armenian Street
Singapore, 179943
Singapore

HOME PAGE: http://www.law.smu.edu.sg/faculty/law/henrygao.asp

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