SEMINAR | Data Compliance and Protection for Businesses in China

BACKGROUND INFORMATION

In the last years China has progressively perfected its legal framework on data governance, featuring inter alia a distinctive cross-border data transfer (CBDT) regime complete with approval procedures, certification standards, and standard clauses on data transfer. This legal framework features rules on the protection and handling of personal information that have been described as being among the world’s strictest.

Simultaneously, China has made steps in the setup of a legal framework for the data economy, to regulate the legal treatment of data as assets. The basic outline of a possible new legal framework on data is set out in the Opinions on Building the Data Basic Regime to Better Exploit the Value of Data Factors, issued in December 2022. This document lays the grounds of a novel property right model tailored specifically for data.

The legal framework on data also has a significant intersection with the IP regime. China is exploring a “data IP protection” regime, based on registration on an ad hoc platform, and is devising solutions to the issue of IP protection in data training activities. China has coupled the above innovations with very significant additions to its institutional framework, including the setup of a National Data Bureau specifically competent for data matters. 

What message do the above carry for foreign enterprises? What opportunities and challenges does the evolving data regime pose for them, and how should they prepare to encounter those opportunities and challenges? What rights do market operators enjoy when they generate, collect, and process data, what liabilities may they face, and what steps are necessary? 

SEMINAR

The Embassy of Italy, with the support of the China-Italy Chamber of Commerce and EU SME Centre, is proud to present in the morning of May 22, 2024 a seminar where enterprises and legal professionals will have a chance to hear top experts’ views about these issues. Please note that seating is limited and on a first-come, first-served basis.

SPEAKERS

Fabio GIACOPELLO

Lawyer - HFG, China-Italy Chamber of Commerce

Mr. Giacopello is a Senior Partner at HFG Law & Intellectual Property in Shanghai. He is a member of the Internet Committee at INTA and Arbitrator at the Shanghai International Arbitration Center (SHIAC). Fabio has been recognised as “Recommended lawyer” by Legal500, “Winner of Client Choice Award – Trademarks (China)” by ILO, “IP Star” by Managing Intellectual Property, “Notable practitioner” by Chamber and Partners, “Leading practitioner” by WIPR, “Expert in the trademark category” by Asia IP. Since 2024 he is the Coordinator of the Intellectual Property Working Group, China-Italy Chamber of Commerce.

Liam JIA 

Expert - EU SME Centre

Liam is a versatile professional with the past 8 years advising European businesses on market access and business strategies to China. Rich experience in project and operations management, financial and risk control in the EU context. Experienced speaker and author of publications on a range of topics including the Environment sectors, SME Digitalisation and F&B distribution. Great team player, generating positive influence on teammates.

Barbara LI

Lawyer - Reed Smith, EU Chamber

Ms. Li is a corporate/data partner of the Global Corporate practice group of international law firm Reed Smith. She is ranked as Band-1 data lawyer in the Greater China by Chambers and has won the Data Protection Lawyer of the Year 2024 by Legal500. She has taken leadership roles at the European Union Chamber of Commerce in China for multiple years and currently serves as the Vice-Chair for the Cybersecurity Sub-Working Group. Ms. Li is admitted in England and Wales and holds the PRC Bar qualification. She is a Certified Information Privacy Professional (CIPP/EU) by IAPP.

Marina TIMOTEO

Professor - University of Bologna

Prof. Timoteo teaches Private Comparative Law, Asian Law, and Law and Business in China at the University of Bologna. She is the Coordinator of EU Jean Monnet Module 2023-2026 "ReLaTe - Law and Business in China in the Framework of EU and China Investments and Trade Relations: the Challenges of the Digital-Tech Age”. She is Co/editor of the book Quo Vadis Sovreignity: New Conceptual and Regulatoty Boundaries in the Age of Digital China.

WANG Lebing

Professor - University of International Business and Economics

Prof. Wang teaches Law at University of International Business and Economics (Beijing). He has carried out research on data compliance and protection matters, also on commercial and financial law. He is also the director of the board of editors of “Business and Economics Law Review” since 2018. He has taken part in the conference Data driven economies and regulatory approaches: EU and China in relation and in comparison, held at the University of Bologna (Italy) on 10-11 November, 2023.

WANG Yukai

Professor - Tongji University

Prof. Wang teaches at the Shanghai International College of Intellectual Property, of Tongji University (Shanghai). His research focuses on data law and IP law. He has taken part in the conference Data driven economies and regulatory approaches: EU and China in relation and in comparison, held at the University of Bologna (Italy) on 10-11 November, 2023.

TOPICS

Lawyer Barbara Li (Reed Smith, EU Chamber) and expert Liam JIA (EU SME Centre) will present the current status of China’s data governance framework, with a focus on rules regarding cross-border data flows and their implications for EU businesses. Professor Marina Timoteo (University of Bologna) will deliver a speech on rights and compliance points relating to the emergence of data as a legally regulated asset. Professor Wang Lebing (UIBE) will then zoom in on the regime of personal information. Finally, professor Wang Yukai (Tongji University) and lawyer Fabio Giacopello (HFG, China-Italy Chamber of Commerce) will delve into the IP issues and opportunities generated by market operators’ use of data.