As a national basic strategic resource, data is the core and lifeblood of the big data industry. In the era of digital economy, data has become the core competitive resource for Internet enterprises to seize customers and markets. With the rapid growth of the data industry, the risk of data security has also increased. With the rapid growth of the data industry, the risk of data security has also increased. In this regard, the relevant national laws and regulations have been improved day by day, and the relevant departments have also put forward higher compliance requirements for each data processing body. How can enterprises be responsible for the security of their data? How to comply with the network data crawling and development applications? How can enterprises avoid criminal legal risks in data competition and many other issues need to be explored and resolved.
On February 23, 2023, King&Capital Law Firm and Law Alliance held an offline salon "Seminar on Focus Issues of Enterprise Data Compliance Practice", in which Ms. Fei Wang, Senior Partner of King&Capital Law Firm, Mr. Zhang Qiming, Senior Partner of King&Capital Law Firm, and Mr. Ge Mengying, Director of Legal Affairs and Data Compliance Officer of TalkingData discussed the following issues that have attracted much attention today "Three Issues of Digital Competition", "Criminal Red Line of Data Compliance" and "Compliance Analysis of Advertisement Detection".
I. Three Issues of Digital Competition
Ms. Wang Fei, Senior Partner of King&Capital Law Firm, elaborated in detail the issues related to the mining and application of data in the context of Internet economy. The legal issues involved in data mining and application.
Mr. Wang Fei
With the advent of the digital economy, the social and economic system is undergoing profound changes. As one of the important factors of production, data increasingly plays a key role in guiding the flow and allocation of social resources directly or indirectly. Competition law incidents related to data processing and application are occurring every day.
As the first sharer, Mr. Wang Fei firstly asked "Is it compliant for data tools to crawl network data to develop applications?" "Does a recommendation algorithm represent an opinion?" and other questions to interact with the guests. Wang Fei lawyer mentioned that the original intention of human beings to use algorithms is to assist or partially replace human beings to filter and screen information, help human decision-making, and make life more convenient and intelligent, but at present, with the emergence of the information cocoon, big data to kill maturity, algorithmic discrimination and other events, people gradually began to review and think more about the neutrality and predictability of algorithmic technology. In all kinds of application scenarios, algorithm transparency, fairness, to ensure that the algorithm "credibility" and other detailed requirements are being gradually improved and sound in China's algorithm regulatory system.
Effective Avoidance of Criminal Legal Risks in Data Compliance
Mr. Zhang Qiming, a senior partner of King&Capital Law Firm, will explain through a series of vivid typical cases how criminal law draws a line on the field of corporate data competition and how this red line will bring unprecedented disasters to companies and individuals.
Mr. Zhang Qiming
Mr. Zhang Qiming analyzed in detail the risks of network crawlers and other crimes involving computer information systems. When enterprises use network crawler technology, they should pay attention to: 1) Avoid going against the wishes of data right holders and exceeding the scope of data access authorization; 2) Avoid using technical means that cause damages to the computer network system to be accessed; 3) Pay attention to whether the captured information contains private information, commercial secrets, etc. Internal public data can be accessed in accordance with the law, and internal public data can be accessed in accordance with the law. Internal public data can be captured ex officio, but should follow the company's normal access routes.
Compliance Analysis of Advertising Monitoring
Ge Mengying, Legal Director and Data Compliance Officer of TalkingData, elaborated on the compliance analysis of advertisement monitoring from four aspects, namely, data processing behavior involved in advertisement monitoring, interpretation of relevant laws and regulations, research on the status quo of the relevant processing behavior, and analysis of the relevant data compliance dilemma.
Mr. Ge Mengying
Among them, Ms. Ge mentioned that there are three main problems in data sharing at present: not daring to share (safety and legal responsibility issues), not willing to share (benefit distribution issues), and not being able to share (technical standard issues). At the same time, she also mentioned the dilemma faced by third-party monitoring companies in the process of advertising monitoring.
Mr. Chu Changzhi
At the end of the event, Mr. Chu Changzhi, Managing Partner and CEO of King&Capital Law Firm, delivered a speech. He firstly expressed his warm welcome to the guests present, and then elaborated on the importance of data compliance to enterprises and the specialized field of data compliance being developed by King&Capital Law Firm, and the content discussed in this salon was also aimed at helping enterprises to better avoid the risks brought by the development of data.
Scene of the event
King&Capital Law Firm, as a comprehensive legal service platform that has been carrying out compliance business for many years, has been committed to the deep plowing of compliance business as early as the beginning of 2019 with the concept of "compliance business needs to take the cultivation of composite talents and the design of diversified team structure" put forward by the Honorary Director, Mr. Tian Wenchang. Our lawyers have represented a number of enterprises in compliance and rectification of special legal services, and served as a permanent legal adviser to the Compliance and Risk Management Committee of Beijing Central Enterprises Investment Association; the compliance industry covers construction, medicine, funds, environment, e-commerce, securities, data security and other fields. As the saying goes, "Compliance leads to victory, and stability leads to success", King&Capital is always committed to helping enterprises build a compliance system and create value for them through its professional ability.
