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: Suggested Citation