Filed under public-data
Every brief tagged "public-data".
- § 01 · DATA-PROPERTY-RIGHTS
China's Data Property Rights Registration Guide Is Final: The Draft-to-Trial Diff
On 1 July 2026, the National Data Administration issued the Data Property Rights Registration Work Guide (Trial), converting its April 2026 consultation draft into China's first national framework for registering the Right to Hold Data, Right to Use Data and Right to Operate Data. The final text keeps the same six-chapter, 42-article structure, but the diff is not cosmetic: security and public-interest gates are stronger; derived data is now defined; the national infrastructure shifts from a service platform to a service system; registrars face tighter qualification, disclosure, annual-evaluation, change-reporting and exit rules; public-data registration is softened from mandatory to conditional/voluntary wording; unclear contractual entitlement receives a cure path; evidence preservation, not certificate issuance, now starts the validity period; and certificate use is sharpened for data-asset balance-sheet entry, financing guarantees and valuation-based equity contribution.
- § 02 · PUBLIC-DATA
Guangdong Prices the Public-Data Operator Like a Utility: Inside the Province's Authorized-Operation Price-Management Measures
On 12 May 2026 the Guangdong DRC and the Guangdong Administration of Government Services and Data issued the Guangdong Province Public Data Resource Authorized-Operation Price Management Measures — one of the first provincial implementations of the national NDRC/NDA price-formation notice (发改价格〔2025〕65号). The 20-article rule prices the 'public-data operation service fee' (公共数据运营服务费) with a regulated-utility toolkit: government-guided pricing, a maximum permitted revenue equal to operating cost + permitted profit + tax, and a permitted profit rate capped at the prior-year 10-year treasury yield plus no more than 6 percentage points. DCC reads the full text (carried by 数据行者X) against the Guangdong DRC's official interpretation (carried by 砖济咨询) to draw out what overseas counsel needs: this is cost-of-service, rate-of-return regulation imported into the data-element market, with periodic resets every three years, a ±10% annual adjustment band, mandatory cost separation, and a carve-out keeping public-governance and public-welfare data 'conditionally free.'
- § 03 · PUBLIC-DATA
Public Data Under Franchise and Concession Operations: Who Owns It and Can It Be Traded?
Infrastructure and public-utility operators in China — gas networks, urban parking, water systems, and similar franchise/concession (特许经营) businesses — generate data that falls within the statutory definition of 'public data.' That classification creates compliance questions that standard enterprise-data analysis does not answer: does a franchise agreement confer the right to process and sell that data, and under what conditions? Two Shenzhen Data Exchange compliance officers work through the asset-ownership and revenue-attribution routes for establishing data-use authority, flag the asset-transfer risk that attaches to API and dataset licensing, and explain why franchise-generated public data should not be silently assimilated into the authorised-operation (授权运营) model now being piloted across Chinese cities. The operational takeaway: amend legacy concession agreements to address data rights explicitly, and build the data-rights clause into every new franchise contract before signing.
- § 04 · PUBLIC-DATA
Authorized to Operate, Not Authorized to Ignore: Public-Data Operators Still Owe the Full PIPL/DSL Stack
China's public-data authorized-operation regime — established by the January 2025 Implementation Specifications and its companion instruments — does not exempt operators from the personal information and data-security duties that sit underneath it. This brief, drawn from the Shenzhen Data Exchange's DEXC+ compliance column, sets out six specific areas where authorized operators routinely fall short: failure to classify data before operating it, misreading the operator's role in multi-party processing chains, skipping notification obligations, misidentifying the lawful basis for processing, misapplying consent that was gathered for a different purpose, and omitting the separate impact-assessment and annual risk-evaluation obligations under PIPL and the Network Data Security Regulations. The operational takeaway for overseas counsel advising operators or investors: government authorization is the entry ticket to the public-data market, not a waiver of the compliance checklist that governs what happens once inside.
- § 05 · PUBLIC-DATA
Inside the Gate: How Enterprises Can Compliantly Process, Operate, and Trade Public Data Under China's Authorized-Operation Model
China's public-data authorized-operation regime (公共数据授权运营) is the primary route for enterprises to commercialise government-held data. A DEXC+ analysis by Yang Haoran maps the full compliance arc: what qualifies as public data, how it must be processed within a sandboxed platform, and what a data product needs to clear before it can be listed on an exchange. Drawing on the National Data Administration's draft Authorized-Operation Implementation Specifications and Shenzhen Data Exchange's own 3×4 dynamic-compliance framework — covering subject compliance, subject-matter compliance, and circulation compliance across legal, security, integrity, and rights dimensions — the brief gives overseas counsel a structured view of the obligations that attach at each stage of the public-data supply chain, from first authorisation to on-exchange listing.
- § 06 · DERIVATIVE-DATA
Derivative Data Products and Public Data Opening — Legal Challenges and Compliance Points
As China opens public-sector datasets for commercial exploitation, companies building derivative data products (衍生数据产品) face a layered compliance problem: the definition of 'derivative data' in the National Data Administration's 2025 glossary is deliberately high-threshold (substantial transformation, significant value uplift); provincial rules on automated collection, source-labelling, and sensitive-data assessment are inconsistent; and a three-way collision between the open-data rules, third-party platform terms, and the 2025 Anti-Unfair Competition Law amendments has no clean resolution. Wang Yi and Yu Hao (both DEXCO-certified partners at Global Law Office Shenzhen) map the definitional landscape, five categories of operational red lines, and four protective strategies — including the new data-specific provision in the revised Anti-Unfair Competition Law — for practitioners building or advising on derivative-data businesses.