New World · New rules
New areas of law
This is an era of data on the rise. Every day, every human move is creating a huge amount of data. This data records human behavior and carries a huge amount of information.
In 2022, the scale of the mainland's digital economy jumped to 50.2 trillion yuan, ranking second in the world. The data output reached 8.1 zettabytes, accounting for 10.5% of the total global data production, also ranking second in the world.
Correspondingly, the Personal Information Protection Law, the Data Security Law, the Cybersecurity Law, and the Regulations on the Security Protection of Critical Information Infrastructure constitute the starting point of mainland data legislation, and the system construction of mainland data law is at the right time.
Article 19 of the Data Security Law stipulates that the State shall establish and improve the data transaction management system, regulate data transaction behavior, and cultivate a data transaction market. This clause provides the basic legal basis for the development of data transactions.
In December 2022, the Central Committee of the Communist Party of China and the State Council issued the "Opinions on Building a Data Basic System to Better Play the Role of Data Elements", proposing to "explore the property rights system and market system that are conducive to data security protection, effective use, and compliant circulation, and improve the market system and mechanism of data elements".
Under the guidance of national policies, a number of provinces and municipalities have formulated local regulations on data transactions to encourage and support data transactions, such as the Beijing Municipal Regulations on the Promotion of Digital Economy, the Shanghai Municipal Data Regulations, the Shenzhen Special Economic Zone Data Regulations, and the Chongqing Municipal Data Regulations.
It can be said that data transaction is the core topic of data law, and it is also a new proposition of modern law, and it is a new field worthy of exploration by legal professionals.
Data Transaction Law: From beginner to proficient
Data transactions are not strictly a legal concept. Similar to auto trading and energy trading, data trading is a descriptive, non-specialized conceptual term. It cannot be classified as an existing typical contract, nor can it be identified as a new type of contract.
What is the difference between a data approach and a traditional sectoral approach?
Compared with the departmental law that is divided according to the social or functional field, the data law presents a complex appearance that is very different from the traditional civil law and administrative law. Taking data transactions as an example, the private law rules of data transactions have not yet been clarified, and it remains to be clarified how data transactions can be connected with systems such as contract formation, breach of contract remedies, and standard clause control. The public law aspect of data transactions is "lingering", and data circulation is intertwined with public law propositions such as data regulation and national standards, which are related to national security, data security and public interests. Whether data law should continue to use traditional legal doctrinal tools or build a new legal system is the challenge of the times faced by legislation, justice and scholarship.
Is there a "gold standard" for data regulation?
How can the digital world "transform" and "conquer" traditional private law?
Does data have a "disruptive" impact on classical legal theories?
What are the legal rules required for the flow of data?
If you are also interested in this new field and these issues, the book I want to recommend to you today is the masterpiece of Jin Jing, a teacher from China University of Political Science and Law, who has been deeply involved in this field for many years. A book that will take you from beginner to proficient in the field of data transaction law.
Macro, micro, meso
Full-view stereoscopic observation
As Yao Mingbin, a professor at East China University of Political Science and Law, mentioned when recommending this book:
“
At the perspective level, this book takes the data transaction law as the main axis, effectively integrates the three interfaces of regulatory policy, basic theory and rule configuration, and realizes a rare all-perspective observation in data law research.
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Book Table of Contents ↓ Swipe left and right to read
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At the macro level, from the policy positioning and paradigm observation of data supervision, the research topics of law, policy, law and technology related to data transactions are extracted.
At the mesoscopic level, based on the theory of private law, this paper examines the application space of contract law theory and system, such as contract formation, contract type, standard clause, and breach of contract remedy, in data transactions.
At the micro level, the specific transaction structures such as digital product contracts, data transmission contracts, and standard contract clauses are partially observed.
The EU model and Chinese rules
Double-fronted
Contract law and data law are the main research directions of Professor Jin Jing. With her combined educational background in China and Germany, she was able to peel back the cocoon in the structure of the EU model and Chinese rules, and meticulously present the pluralistic relationship between market autonomy and state regulation in this field, and effectively verify and confirm the cornerstones of data law: autonomy of will, rational regulation, and contract law as a legal toolbox.
It started with contract law
Finally, the contract law
Freedom of contract is a fundamental value of modern trading rules. Freedom of contract means that everyone can decide whether to enter into a contract or not, and freely decide what and what form of the contract is made. However, freedom of contract is by no means unlimited, and it is subject to different restrictions at different stages of economic and social development.
In the era of the digital economy, has the freedom of contract been subject to new restrictions? How to provide better supervision for the market-oriented circulation of data elements? What kind of law toolbox is needed for data transactions?
In Ms. Jin Jing's view, in the digital age, the challenges faced by contract law are everywhere, but this challenge is not subversive, and the classical contract law theory is still at ease, and shows unprecedented institutional resilience and theoretical strength.
Data Transaction Law: From beginner to proficient
Feel the power of the basic theories of contract law
Author's signed copy ↓ Click here to buy