Data Governance in China’s Digital Market Economy

(2024) 54(1) Hong Kong Law Journal 255-286

University of Hong Kong Faculty of Law Research Paper No. 2024/10

32 Pages Posted: 18 Jun 2024

Date Written: May 21, 2024

Abstract

The article explores the extant literature to articulate the theories at the background of the fundamental dynamics and platform business models driving the Chinese digital economy. It further highlights the challenges and opportunities these data-driven innovators pose to Chinese consumers and financial market efficiency, particularly competition and competitiveness (monopoly), stability and consumer data privacy protection. To these concerns, it provides an overview of the consumer-centric framework in the recent Chinese Personal Information Protection Law and offers critical analysis of the possibilities and drawbacks of the newly introduced right to data portability in Art 45. The use of theories and critical analysis in the paper is intended to provide a deep understanding of the prospects and limitations of the consumer-centric framework within the Chinese data governance regime and the areas in need of further regulatory interventions.

Keywords: data protection, data portability, competition, china, data governance

JEL Classification: K00, K20, K21

Suggested Citation

Animashaun, Sijuade, Data Governance in China’s Digital Market Economy (May 21, 2024). (2024) 54(1) Hong Kong Law Journal 255-286, University of Hong Kong Faculty of Law Research Paper No. 2024/10, Available at SSRN: https://ssrn.com/abstract=4836491

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