数智湃丨数据资产将正式入法 制度建设正迈出关键步伐

Core Viewpoint - The draft of the "State-Owned Assets Law" marks a significant milestone by officially recognizing data as an asset within the legal framework, addressing the long-standing issue of data ownership and valuation in China's digital economy [3][4][5][10]. Group 1: Legal Recognition of Data Assets - The "State-Owned Assets Law (Draft)" concludes public consultation on January 25, 2026, and will be reviewed by the National People's Congress, marking the first formal legal recognition of data assets [3][4]. - This law aims to establish a multi-layered regulatory framework for data asset management, addressing challenges in ownership, valuation, circulation, and security management [4][5][10]. - The draft law introduces a broad definition of "other state-owned assets," which includes data and other emerging asset types, reflecting a forward-looking legislative approach [4][5]. Group 2: Implications for Digital Economy - The recognition of data as a legal asset signifies a shift from viewing assets as tangible entities to recognizing intangible elements in the digital age, enhancing China's position in the global digital economy [6][10]. - The law provides a legal basis for the valuation, accounting, trading, and collateralization of data assets, which is essential for developing a unified and regulated data market [5][10][20]. - The draft law's provisions will facilitate the transition of public data from mere administrative records to valuable assets requiring strict management and security [7][18]. Group 3: Governance and Management Framework - The draft law outlines three key provisions that create a comprehensive governance framework for state-owned data assets, focusing on management responsibilities, capacity building, and legal status establishment [7][19]. - It mandates that government agencies actively manage data generated during their operations, thus clarifying ownership and regulatory boundaries for public data assets [7][18]. - The law emphasizes the need for a digital regulatory system that allows for real-time monitoring and analysis of data assets, moving towards a dynamic governance model [19]. Group 4: International Significance - The "State-Owned Assets Law (Draft)" is a pioneering effort globally, as no other country has yet established a legal framework that explicitly recognizes data as an asset [11][20]. - This legislative innovation is expected to play a crucial role in the development of data asset systems, marking a significant step in the evolution of digital governance [20].