Draft Regulations on Promoting Data Circulation and Trading in Pudong New Area in Shanghai soliciting public opinion data

Release time:Apr 14, 2024 10:34 AM

The Fourth Session of the 16th Standing Committee of the Shanghai Municipal People's Congress reviewed the Several Provisions on Promoting Data Circulation and Trading in Pudong New Area. In order to further promote legislative democracy, the draft regulations and related instructions are now published in full on Jiefang Daily, Shanghai Legal Daily, Dongfang.com, Xinmin.com, Shanghai People's Congress website, and the "Shanghai People's Congress" WeChat official account, to solicit opinions from the community, so as to further study and revise them, and then submit them to the future session of the Standing Committee of the Municipal People's Congress for deliberation. The relevant matters are hereby notified as follows:

1. time for public consultation

26 July 2023 to 9 August 2023

2. ways of reflecting opinions

Letter address: No. 200 Renmin Avenue, Shanghai, Legislative Affairs Committee of the Standing Committee of the Municipal People's Congress, No.3 Legislative Division; Postal code: 200003

Email: fgwlfsc@163.com

Fax: 63586556

Explanation on Matters Related to Soliciting Opinions on the Several Provisions of Shanghai on Promoting Data Circulation and Trading in Pudong New Area

1. drafting background

Data is an important factor of production in the digital age, and it is the core resource to realize the development of digital economy and the digital transformation of cities. In July 2021, the "Opinions of the Central Committee of the Communist Party of China and the State Council on Supporting the High-level Reform and Opening-up of the Pudong New Area to Build a Leading Area for Socialist Modernization" clearly required the Pudong New Area to "build an international data port and data exchange, and promote the definition of data ownership, open sharing, Standard formulation and system construction such as transaction circulation, supervision and management". In December 2022, the Opinions of the Central Committee of the Communist Party of China and the State Council on Building a Data Infrastructure System to Better Play the Role of Data Elements clearly stated that "a compliant, efficient, on-site and off-site data element circulation and trading system should be established". In accordance with the spirit of the "Leading Area Opinion" and "Twenty Data Articles", focusing on cultivating and perfecting the data element market to formulate the regulations of the Pudong New Area, it is of great significance to promote the Pudong New Area and even Shanghai to accelerate the new development of the data element market, seize the new track of digital economic development, and help the digital transformation of the city.

Main contents of 2.

The main contents of the Provisions of Shanghai Municipality on Promoting Data Circulation and Trading in Pudong New Area are as follows:

One is to define the responsibilities of all parties and clarify the overall requirements for promoting data circulation and transactions. Including: requiring the play of data elements, safeguarding the legitimate rights and interests of data property owners, constructing a data circulation and trading system, and creating a data element market environment; Specify the specific responsibilities of the Municipal People's Government and its departments, as well as the Pudong New Area People's Government and its departments, in promoting the development of the digital economy and promoting data circulation and transactions.

The second is to explore and refine the mechanism for separating data property rights in conjunction with the implementation of the "Twenty Articles of Data". Including: clearly proposing to protect the various data rights and interests of data property owners in accordance with the law, guided by the creation and realization of data value, establishing a mechanism for distributing the benefits of data elements, and providing institutional guarantees for the generation, confirmation, development, and operation of data elements; According to the requirements for the separation of the three rights of "data resource ownership", "data processing and use right", and "data product operation right" in the data property rights proposed in the "Twenty Articles of Data", the connotation and requirements of the "three rights of data" are further refined, and the scope of the main body of the data property owner is defined.

The third is to establish a series of rules for data circulation and trading, further cultivate and strengthen on exchange trading, and provide moderate regulatory guidance for off exchange trading. Including: cultivating a fair, open, orderly, and honest data element market, establishing and improving a data circulation and transaction operation mechanism with unified registration, standardized transactions, flexible delivery, and centralized clearing; In accordance with the national deployment positioning and the relevant requirements of the Municipal Party Committee's Deep Reform Commission, promoting the construction of the national level Shanghai Data Exchange is a key lever for cultivating the data element market in this city, and its basic public services and self regulatory compliance functions are fully utilized; Using the Shanghai Data Exchange as a carrier, promote the construction of a "one chain, three platforms" for data circulation and trading, and build a low-cost, efficient, and reliable data circulation environment; Further clarify the requirements for tradable data products, and on this basis, promote the improvement of data assetization mechanisms and international data trading mechanisms; Explore pilot projects for data intellectual property registration, and standardize the entry and transaction of specific data.

The fourth is to further cultivate the data market ecosystem and create a favorable development environment. Including: implementing the principle of "separation of business and industry", cultivating and supporting the development of various digital businesses; Strengthen the construction of industry organizations in the field of data, enhance industry self-discipline and business guidance; Promote the creation of Shanghai data brand and "Shanghai Number" index; Strengthen data security supervision and market order maintenance, explore data transaction security harbor mechanisms, optimize and improve data transaction dispute resolution mechanisms, etc.

Focus of 3. comments

1, how to further play the role of data elements, better co-ordinate efficient circulation, standardized transactions and security protection?

2, how to further cultivate the development of various types of digital business, cultivate the data market ecology, and create a good development environment?

3. Other opinions and suggestions.

Provisions of Shanghai Municipality on Promoting Data Circulation and Transaction in Pudong New Area

Article 1

In order to promote the efficient flow of data, activate the potential of data elements, regulate data trading behavior, strengthen, optimize, and expand the digital economy, in accordance with the basic principles of relevant laws and administrative regulations, and in combination with the actual situation of Pudong New Area, this regulation is formulated.

Article 2

This regulation applies to data circulation transactions and related promotion, protection, and supervision activities carried out within the administrative area of Pudong New Area.

Article 3

To promote data circulation and trading in Pudong New Area, this city should pay attention to the role of data elements, coordinate efficient circulation, standardize transactions and data security, safeguard the legitimate rights and interests of data property owners, build a trading system that promotes use and circulation, and combines on-site and off-site, and create a safe, trustworthy, inclusive, innovative, fair, open, and effectively regulated data element market environment.

Article 4

The municipal government should strengthen its leadership in the development of the digital economy, improve the coordination mechanism and policy measures for promoting data circulation and trading, study and determine major issues in the innovative development of data circulation and trading, and continuously optimize the market environment for data elements in this city.

The People's Government of Pudong New Area should take measures to promote data circulation and trading, cultivate a data element market ecosystem, and promote the construction of a data element industry cluster.

The departments of the city's economy and informatization, development and reform, network information, finance, etc. should establish a work consultation mechanism with Pudong New Area to promote innovative development of data circulation and trading, promote the construction of national level data exchanges, and promote the planning and layout of data element industries and industrial development.

The departments of science and technology, finance, state-owned assets, commerce, intellectual property, market supervision, judicial administration, big data management, etc. of the city and Pudong New Area are responsible for promoting the relevant work of data circulation and trading in Pudong New Area according to their respective responsibilities and this regulation

Article 5

This city protects the data rights and interests of data property owners in accordance with the law, establishes a data element income distribution mechanism guided by the creation and realization of data value, and ensures that data property owners participate in the distribution of data element income based on their respective contributions in data production, collection, processing, circulation, and application.

The data property owners include:

Data producers and collectors;

Data processors and users;

Data product operators;

Other data property owners as stipulated by laws and regulations.

Article 6

Based on the data sources and generation characteristics, this city explores the establishment of a mechanism for separating the ownership of data resources, the right to use data processing, and the right to operate data products.

If the data property owner independently produces, collects, and holds data resources in production and business activities, they shall enjoy the right to hold data resources in accordance with the law, and may control data resources through management, transmission, and other means to exclude interference from others.

The data property owner, based on the right to hold data resources or contractual agreements such as transactions and circulation, enjoys the right to process and use data in accordance with the law. They can engage in substantial processing or innovative labor on the data, form data products, and realize value.

If the data property owner processes and analyzes data products on their own or on behalf of others, they shall enjoy the right to operate data products in accordance with the law. They may operate independently or entrust others to operate, carry out market-oriented circulation of data products, and obtain profits.

If there are other laws, administrative regulations, and national provisions, they shall prevail.

Article 7

This city cultivates a fair, open, orderly, and trustworthy data element market, coordinates the promotion of data circulation and trading both on and off the market, and establishes a sound data circulation and trading operation mechanism that includes unified registration, standardized trading, flexible delivery, and centralized clearing.

This city supports the pilot reform of market-oriented allocation of data elements in Pudong New Area, standardizes and guides over-the-counter transactions, cultivates and strengthens on-site transactions, and promotes the lawful and orderly flow of data elements.

Article 8

In accordance with national requirements, this city aims to enhance the level of the Shanghai Data Exchange and build a core hub for the national data element market.

The Shanghai Data Exchange should highlight the basic public services and self regulatory regulatory functions of national level data exchanges, provide efficient and trustworthy trading venues and environments for and serve the unified national market, formulate high-level trading rules and standards, and provide high-quality data trading and related public services.

This city supports the Shanghai Data Exchange to innovate data trading varieties and methods in accordance with the national and local digital development strategies, combined with the global data element market development trends, and establish and improve multi domain and multi-level data trading sectors.

Article 9

This city will deepen the application of blockchain in data circulation and trading, support the establishment of key infrastructure, registration platform, trading platform, and clearing platform for data circulation and trading with data trading chain as the core at the Shanghai Data Exchange, achieve multi-level factor market interconnection, mutual recognition and trust in on exchange and off exchange transactions, support the transformation of data element value and compliance supervision of data trading, and build a low-cost, efficient, and reliable data circulation and trading environment.

Article 10:

Data products that meet the following conditions and have undergone compliance and quality evaluations can be listed for trading on the Shanghai Data Exchange:

The data content is compliant and truly usable;

Having clear application scenarios or use cases;

Can provide test data;

Having the technological capability or data updating capability for sustainable supply;

Meets pricing requirements.

If data products are traded through the Shanghai Data Exchange, the trading entity shall independently agree on the delivery method of the data products in accordance with the law and complete the settlement in accordance with the rules. The registration, transaction, delivery, settlement and other information of data products should form immutable vouchers on the data transaction chain.

Data trading that has not been conducted through the Shanghai Data Exchange is encouraged to follow the conditions stipulated in the first two paragraphs.

Article 11

This city supports innovative data assetization mechanisms and explores the implementation path of incorporating data assets into the balance sheet in accordance with the deployment of the national finance department.

Enterprises can entrust the Shanghai Data Exchange to provide relevant basic services for their innovative application of data assets. Upon application by the data property owner, Shanghai Data Exchange shall generate data asset vouchers based on the registration, trading, delivery and other information of data products recorded on the data trading chain, providing support for asset accounting processing and asset evaluation by the data property owner.

Article 12:

This city supports the Shanghai Data Exchange in establishing an international section for data circulation and trading, as well as corresponding rules for risk assessment, compliance review, security protection, etc., to carry out international data trading.

This city benchmarks high standard international rules for the digital economy, guides and supports eligible entities to participate in international standardization activities in the data field and the construction of international data ports, promotes international data space cooperation, and cultivates international data brokers and data service providers.

Article 13:

This city supports the pilot work of data intellectual property registration in Pudong New Area.

The intellectual property departments of the city and Pudong New Area shall formulate rules for the registration and review of data intellectual property, and issue registration certificates to eligible data intellectual property. The registration certificate of data intellectual property rights should be connected to the data transaction chain, mutually trust and recognize the registration certificate of data products, and promote the orderly circulation of data intellectual property achievements.

Article 14:

This city encourages and guides various market entities to conduct data trading and related activities through the Shanghai Data Exchange. Support the interconnection between the government procurement platform and the trading platform of the Shanghai Data Exchange, achieve the sharing of compliance data product catalogs and pricing information, and support government departments in one-stop procurement of non-public data products based on the government procurement platform.

The municipal economic and information technology departments should formulate management measures, work together with the Pudong New Area People's Government and relevant departments to strengthen supervision of the Shanghai Data Exchange, and ensure transaction compliance, data security, and fund security.

Article 15:

This city supports the development of various market entities that provide data product development, publishing, underwriting, and data asset compliance, standardization, and value-added services for data trading, and encourages fair competition and common development among data merchants of all ownership systems.

The People's Government of Pudong New Area should formulate policies and measures to support the development of digital commerce, build data element industry spaces and digital commerce cultivation carriers, strengthen services such as digital commerce business innovation, talent introduction, and listing, and cultivate industry-specific and industrialized digital commerce that meets business needs.

Data merchants can entrust the Shanghai Data Exchange to carry out relevant business as agreed. The Shanghai Data Exchange shall not engage in profit-making activities that should be carried out by qualified data merchants in accordance with the law.

Article 16

Industry organizations in the field of digital commerce in this city should strengthen industry self-discipline and business guidance, carry out activities such as communication, consultation, and training, and improve the data literacy of market entities such as digital commerce.

The Municipal Department of Economy and Information Technology and the People's Government of Pudong New Area shall guide relevant industry organizations to formulate classification and grading standards for digital commerce, conduct digital commerce level evaluations, guide digital commerce to innovate business models and improve service quality.

Article 17

The municipal economic, information technology, and market supervision departments shall formulate guidelines and relevant standards for data brand construction, and enhance the brand operation capabilities of market entities through policy support, publicity and guidance. The municipal economic and information technology departments should guide industry organizations to establish evaluation, recognition, and promotion mechanisms for data brands, and enhance the domestic and international influence of data brands. Market entities who voluntarily apply and are evaluated by third-party evaluation agencies and meet the requirements can use the specialized logo of Shanghai Data brand.

This city supports the exploration and development of the "Shanghai Number" index on the Shanghai Data Exchange, which is regularly released to comprehensively reflect the activity and price level of the data element market, and provide guidance for the market.

Article 18

The departments of the city's economy and information technology, public security, cyberspace, and market supervision, as well as the People's Government of Pudong New Area, shall strengthen the supervision of the data element market in accordance with their respective responsibilities, and crack down on data trading activities and illegal industries that endanger national security and public interests, infringe on personal privacy, or without the authorization and consent of legitimate rights holders in accordance with the law.

The Shanghai Data Exchange should establish a standardized, transparent, secure, controllable, and traceable data trading service environment, build infrastructure to protect the security of data transmission, storage, and use, strengthen monitoring, early warning, control, and emergency response capabilities, and develop emergency plans for data security incidents.

Article 19:

If there is a dispute arising from data trading by market entities, they can apply for mediation in accordance with the law, or apply for arbitration or file a lawsuit in accordance with the law.

The Shanghai Data Exchange shall establish a mediation and appraisal mechanism for data trading disputes, and provide mediation and appraisal services for data trading disputes; Explore the establishment of safe harbor rules for data circulation and trading, as well as innovative fault-tolerant mechanisms; Support Pudong New Area notary institutions in exploring the establishment of a notary mechanism that is compatible with data circulation transactions.

Article 20

This provision shall come into force as.

The full text is here. The "Several Provisions of Shanghai on Promoting the Development of Financial Leasing in Pudong New Area" will be implemented from October. | Medical Devices | Shanghai Municipality

The Provisions of Shanghai Municipality on Promoting the Development of Financial Leasing in Pudong New Area, which were adopted at the 4th Session of the Standing Committee of the 16th Shanghai Municipal People's Congress on July 25, 2023, are hereby promulgated and shall come into force on October 1, 2023. Provisions of Shanghai Municipality on Promoting the Development of Financial Leasing in Pudong New Area Article 1 In order to promote the high-quality development of financial leasing in Pudong New Area, give full play to the function of financial services for the real economy, and promote the construction of the core area of an international financial center, these Provisions are formulated in accordance with the basic principles of relevant laws and administrative regulations and in the light of the actual conditions of Pudong New Area. Article 2 These Provisions shall apply to the promotion of development, management services and other activities of financial leasing companies whose domicile is in Pudong New Area. Article 3 The People's Government of Pudong New Area shall establish a financial leasing industry to promote development and coordinate supervision and management.

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