China treats data as a strategic asset within its digital economy and protects it through a layered regime of copyright, the Anti-Unfair Competition Law (AUCL), contract provisions of the Civil Code, and an expanding body of data security and personal information law. Under Article 15 of the Copyright Law, databases showing originality in selection or arrangement may be protected as collective works — as in Shanghai Hantao v. Aibang Juxin, involving Dianping.com's restaurant reviews — though stringent evidentiary standards make copyright actions relatively uncommon in practice.
The AUCL is the primary vehicle for data disputes, protecting trade secrets defined as non-public technical or commercial information with commercial value and confidentiality measures; in Qucheng v. Wu Tianci, customer data including contact information, transaction records, and pricing qualified for protection. Criminal liability attaches where secrets are obtained by theft, fraud, or other illicit means. China has no sui generis database right, but the 'Data Twenty Articles' policy and pilot programs in Shanghai, Zhejiang, and Shenzhen are testing data registration and property-rights models.
Personal information and data security rest on three pillars — the PIPL, the Cybersecurity Law, and the Data Security Law — and the 2023 Interim Measures for Generative Artificial Intelligence Services require that training datasets be lawful and that outputs meet standards of safety, accuracy, and fairness. In Taobao v. Anhui Meijing (2018), the court distinguished raw behavioral data, which holds minimal standalone value, from processed data products, in which network operators may claim proprietary interests — a distinction critical to AI systems built on derived datasets.
Key takeaways
- The Anti-Unfair Competition Law, not copyright, is the workhorse for protecting databases and customer data in China.
- Courts recognize proprietary interests in processed data products (Taobao v. Anhui Meijing), while raw behavioral data carries minimal standalone value.
- High evidentiary burdens make trade secret and copyright enforcement challenging, particularly for foreign entities.
- Generative AI providers must ensure training data is lawful under the 2023 Interim Measures, alongside PIPL, CSL, and DSL compliance.
- The 'Data Twenty Articles' and regional pilot programs signal an emerging data property-rights registration system worth monitoring.
Primary legal instruments
AI-assisted summary of the report, editorially reviewed before publication · AI transparency
Protection mechanisms
Report-derived analysis per mechanism. The report text is fixed; committee members with contributor access can revise the rating (with an audit trail) and add notes below each block.
Recent Developments
Live updates contributed by committee members and the AI research bot — separate from the fixed report content above.
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Investment in Computer Software and Databases Shows Strong Growth
A National Bureau of Statistics spokesperson reported that investment in computer software and databases increased by 10.9% in the first eight months of 2026. This growth underscores the increasing recognition and economic value of data-related assets within China's evolving digital economy. The report also noted rapid growth in core technologies and application demands within the artificial intelligence sector.
Artificial Intelligence Security Governance Framework 3.0 Released
The Cyberspace Administration of China (CAC) announced the release of its Artificial Intelligence Security Governance Framework 3.0. This updated framework aims to enhance the security and responsible development of AI technologies, addressing critical aspects such as data security, algorithmic transparency, and ethical guidelines. It provides a comprehensive regulatory foundation for AI development and deployment, impacting how data used in AI systems is managed and protected.
National Data Administration Head Convenes Seminar on Embodied AI Development
Liu Liehong, head of the National Data Administration (NDA), chaired a seminar focused on the development of embodied artificial intelligence. This high-level discussion indicates the NDA's strategic interest in advanced AI technologies, which heavily rely on complex data sets and real-world interactions. Such discussions often precede policy considerations for data governance and AI-specific regulations.
Digital Village High-Quality Development Action Plan (2026-2030) Issued
The Cyberspace Administration of China (CAC), Ministry of Agriculture and Rural Affairs, and Ministry of Industry and Information Technology jointly released a plan to guide digital development in rural areas. This comprehensive strategy outlines goals and measures for leveraging digital technologies, including data, to promote rural revitalization and sustainable growth over the next five years. It is expected to address data infrastructure, data sharing, and data governance in the agricultural sector.
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The Cyberspace Administration of China and six other ministries have jointly released a comprehensive plan for the coordinated development of digital and green transformation from 2026 to 2030. This strategic document aims to leverage digital technologies, including data, to drive sustainable development and foster new industries. It sets out a framework for integrating digital innovation with environmental goals, impacting how data is managed and utilized across various sectors.
Q&A Session Provides Further Clarification on Digital and Green Transformation Implementation Plan
An official Q&A session was held to provide further details and interpretation of the recently issued Implementation Plan for Coordinated Digital and Green Transformation (2026-2030). This session offers insights into the practical application and expected outcomes of the plan, particularly concerning the role of digital technologies and data in achieving green development goals. It helps stakeholders understand the nuances of data governance and innovation within this new policy framework.
Cyberspace Administration of China Releases 2026 Report on New E-commerce Development
The Cyberspace Administration of China (CAC) has officially released its "2026 Report on New E-commerce Development." This comprehensive report likely analyzes trends, challenges, and policy recommendations for the rapidly evolving e-commerce sector. Given e-commerce's inherent reliance on vast amounts of data, the report is expected to touch upon data utilization, data security, and the economic value of data within this industry.
Two Departments Interpret Implementation Plan for Logistics Network Construction, Emphasizing Information Sharing
The National Development and Reform Commission and the Ministry of Transport have issued an interpretation of the Logistics Network Construction Implementation Plan. This plan highlights the importance of information data as a core component of the logistics network. It aims to enhance data sharing and utilization through standardization, interoperability, and open access, thereby optimizing resource allocation across the logistics market.
China Outlines Strategic Development Plan for Emerging Industries, Emphasizing AI and Data-Driven Innovation
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State Council Meeting Directs Accelerated Construction of Next-Generation Communication Networks and Data Security
A State Council executive meeting has mandated the accelerated development of next-generation communication networks, including 5G, 6G, and industrial internet. The directive emphasizes fostering high-value application scenarios like smart cities and intelligent manufacturing, which rely heavily on data. Crucially, it also calls for strengthening critical network infrastructure and data security protection, underscoring the importance of safeguarding data assets.
Central Cyberspace Affairs Commission Issues Action Plan for High-Quality Development of Cyberspace Enterprises
The Central Cyberspace Affairs Commission (CAC) has released a five-year action plan to promote the high-quality development of cyberspace information enterprises. This plan outlines strategic objectives and measures for the sector from 2026 to 2030, aiming to foster innovation and enhance the overall competitiveness of China's digital economy. It is expected to guide policy and regulatory efforts impacting data-driven businesses and technological advancements.
National Data Administration Initiates Pilot Program for International Data Cooperation in Ten Regions
The National Data Administration (NDA) has announced the launch of its first batch of international data cooperation pilot projects across ten locations in China. This initiative aims to explore new models for cross-border data flows and data governance, fostering international collaboration in the data field. The program is expected to inform future policies on data exchange and the global circulation of data assets.
Regulator Clarifies Implementation of Network Data Security Risk Assessment Measures
The Central Cyberspace Affairs Commission (CAC) published a Q&A document to clarify various aspects concerning the implementation of its Measures for Network Data Security Risk Assessment. This guidance aims to assist organizations in understanding their obligations and the procedures for conducting data security risk assessments, ensuring compliance with national data protection standards. It provides practical insights into managing data-related risks and safeguarding sensitive information.
Supreme People's Court 2025 Typical IP Cases include data-scraping unfair competition ruling with tiered data protection
On 20 April 2026 the Supreme People's Court released its Typical Intellectual Property Cases of 2025, including a case where competitors bypassed an e-commerce platform's anti-scraping controls to mass-extract product data. The court held that circumventing security measures to scrape data at scale constituted unfair competition, and articulated a tiered protection approach distinguishing public, conditionally disclosed, and non-public data. As SPC-endorsed typical cases, these rulings guide lower courts nationwide on the boundaries of lawful data competition.
China's National Data Administration issues draft national Guidelines for Data Property Registration (Trial)
On 3 April 2026 the National Data Administration published draft Guidelines for Data Property Registration (Trial) for public comment, with feedback due by 19 April 2026. The six-chapter, 42-article draft would create a nationwide registration framework recognizing three proprietary data rights — holding, use, and operation — building on the earlier Beijing, Shanghai and Shenzhen pilots. While registration does not create a new enforcement right, registered certificates can evidence data as an intangible corporate asset, supporting balance-sheet recognition and financing.
NDA pledges to accelerate building of China's data property rights registration system
State Council media reported on 12 January 2026 that the National Data Administration, at a symposium led by NDA head Liu Liehong, committed to accelerating construction of a national data property rights registration system to unlock the value of data. The NDA said it would adapt registration experience from other fields to data's unique characteristics, consulting bodies including the Beijing Internet Court on the supporting policy documents. This announcement set the policy direction that produced the April 2026 draft registration guidelines.