Core Viewpoint - The Supreme People's Court has released its first specialized guiding cases on data rights protection, addressing societal concerns regarding data ownership, utilization of data products, personal information protection, and the delivery of online platform accounts [1][8]. Group 1: Data Rights and Legal Cases - The number of data-related cases in courts has significantly increased, with the number of first-instance cases in 2024 being double that of 2021 [1]. - The guiding cases aim to unify the adjudication standards for similar cases, reflecting the complexity and legal challenges associated with data-related disputes [1][8]. Group 2: Personal Information Protection - A case involving an APP operator was highlighted, where the operator was found to have excessively collected personal information without consent, leading to a ruling in favor of the plaintiff [2]. - The court ruled that the APP's requirement for users to provide extensive personal information without an option to skip or refuse constituted an infringement of personal information rights [2]. Group 3: Data Utilization and Business Competition - The court confirmed that data processing entities have the right to utilize data they lawfully collect, as long as it does not infringe on the rights of other businesses [8]. - A case of unfair competition was noted, where one APP operator was found to have copied a significant number of short videos from another operator, leading to a ruling against the infringing party [6]. Group 4: Regulatory Framework and Future Implications - The guiding cases are part of the implementation of the "Data Twenty Articles," which aim to establish a foundational system for data rights and promote the lawful and effective use of data [8]. - The Supreme Court emphasized the importance of protecting data processors' rights to ensure the free flow of data and support the healthy development of the digital economy [9].

Group 1 - The Supreme People's Court released its 47th batch of guiding cases, focusing on judicial protection of data rights, addressing issues such as data ownership, utilization of data products, personal information protection, and delivery of online platform accounts [1] - The number of data-related cases in courts has significantly increased, with new types of cases and high difficulty in adjudication, leading to heightened public interest in the outcomes [1] - The guiding cases aim to summarize and refine mature adjudication rules to promote more unified standards in data-related case judgments [1] Group 2 - In a case involving a network information technology company and an information technology company regarding unfair competition, the court ruled that transferring data between different online platforms using associated accounts is a lawful and legitimate action, enhancing the autonomy of data providers in the digital economy [1] - In a case concerning a steel company and an e-commerce company regarding liability for infringement, the court clarified that data processors can legally collect and process enterprise data without causing harm to the enterprise's rights, thus encouraging the lawful and effective use of data [2]

Group 1 - The Supreme People's Court released its 47th batch of guiding cases, focusing on the judicial protection of data rights, addressing issues such as data ownership, utilization of data products, personal information protection, and the delivery of online platform accounts [1] - The number of data-related cases in courts has significantly increased, with new types of cases and high difficulty in adjudication, leading to heightened public attention on the outcomes [1] - The guiding cases aim to summarize and refine mature adjudication rules to promote more unified standards in the judgment of data-related cases [1] Group 2 - In a case involving a steel company and an e-commerce company, the court clarified that data processors who legally collect enterprise data and process it into data products without harming enterprise rights will not be held liable for infringement [2] - This ruling encourages the lawful and effective use of data, ensuring orderly and free flow of data, which is essential for the healthy and orderly development of the digital economy [2]

Core Viewpoint - The Supreme People's Court of China has released its first set of guiding cases on data rights protection, addressing key issues such as data ownership, utilization of data products, personal information protection, and the delivery of online platform accounts, aiming to unify the adjudication standards for similar cases [1][2][3] Group 1: Guiding Cases Overview - The first case involves a dispute over unfair competition due to data scraping from an online platform, clarifying that platform operators can seek legal protection when their business interests in data collections are infringed [1] - The second case addresses unfair competition related to associated account services on online platforms, stating that transferring user data with authorization does not constitute unfair competition if it does not disrupt market order [1] - The third case concerns a tort liability dispute over the compilation and publication of a steel price index, establishing that data processors can legally collect and process enterprise data without incurring liability if it does not harm the rights of the enterprises involved [2] Group 2: Personal Information Protection - The fourth case highlights a dispute regarding excessive collection of personal information by an app operator, indicating that collecting user profile information not necessary for service provision constitutes an infringement of personal information rights [2] - The fifth case deals with personal information protection in a "pay after use" service model, confirming that collecting personal credit information is necessary for fulfilling contractual obligations [2] - The sixth case focuses on the execution of delivering online platform accounts, emphasizing the need to consider account characteristics and comply with real-name authentication regulations during the transfer process [3] Group 3: Legal Framework and Economic Implications - The guiding cases aim to establish a preliminary framework for judicial protection of data rights, addressing conflicts arising from data ownership, circulation, transaction, and security [3] - The Supreme Court's initiative is intended to activate the potential of data elements and promote the development of the digital economy, adhering to the principle of "who invests, who contributes, who benefits" in protecting the rights of data processors [3]

Core Viewpoint - The Supreme People's Court has released its first batch of guiding cases focused on data rights protection, addressing critical issues such as data ownership, utilization of data products, personal information protection, and the delivery of online platform accounts, thereby standardizing judicial decisions in similar cases [1][2]. Group 1: Judicial Protection of Data Rights - The judicial protection of data rights will be strengthened, focusing on the legal adjudication of personality rights, property rights, and intellectual property disputes related to data, while accurately identifying unfair competition behaviors related to data [3]. - The aim is to create a healthy, open, and secure data ecosystem that promotes the healthy development of the digital economy and effectively protects personal information and trade secrets [3]. Group 2: Guidance on Data-Related Cases - There will be an emphasis on enhancing the guidance for adjudicating data-related cases, ensuring local courts adhere to legal standards and accurately interpret the essence of the guiding cases [3]. - The Supreme People's Court plans to conduct targeted research on significant issues such as data ownership, market transactions, and rights distribution, and will issue judicial interpretations and normative documents as needed [3]. Group 3: Legal Education and Awareness - Legal education efforts will be adapted to the characteristics of data-related cases, focusing on innovative content and methods to enhance the effectiveness of legal awareness [4]. - The goal is to foster a legal environment that supports data security, effective utilization, and compliant circulation, ensuring that all parties involved in data transactions have their legal rights protected [4].

Core Viewpoint - A cultural company was sued for unfair competition due to the unauthorized scraping and use of over 50,000 short videos and user data from a technology company's app, resulting in a court ruling that the cultural company must compensate the technology company 5 million yuan [1][3]. Group 1: Case Background - The technology company operates an app (甲APP) and the cultural company operates another app (乙APP). Between November 2018 and May 2019, 50,392 short videos on the乙APP were found to be identical to those on the甲APP, including proprietary codes [2]. - The case involved 19,079 user nicknames and avatars, with 15,924 being identical to those on the甲APP. Additionally, 127 comments were found to be the same in content, order, and punctuation [2]. - The technology company claimed that the cultural company engaged in unfair competition by directly scraping and displaying data from甲APP without permission, seeking 40 million yuan in damages [2]. Group 2: Court Rulings - The Beijing Haidian District Court ruled on December 31, 2020, ordering the cultural company to publish a statement to eliminate the impact of its actions and to pay 5 million yuan in damages to the technology company [3]. - The Beijing Intellectual Property Court upheld this ruling on March 16, 2023, dismissing the cultural company's appeal [3]. Group 3: Legal Interpretation - The Haidian Court identified two main issues: the rights of the technology company over the aggregated data and whether the cultural company's actions constituted unfair competition [4]. - The court concluded that the technology company holds economic interests in the aggregated data, which includes user-uploaded content and associated user information, despite not being the original creators of the short videos [4][5]. - The cultural company's actions of scraping and using the data without permission were deemed to substantially replace the technology company's products and services, thus constituting unfair competition [6].

Core Viewpoint - The Supreme People's Court has released its first batch of guiding cases focused on data rights protection, addressing critical issues such as data ownership, utilization of data products, personal information protection, and the delivery of online platform accounts, thereby standardizing judicial decisions in similar cases [1][2][3] Group 1: Judicial Protection of Data Rights - The release of the guiding cases marks a significant step in enhancing the judicial protection of data rights, which is crucial for the healthy development of the digital economy [4][5] - The number of data-related cases has significantly increased, with the number of first-instance cases in 2024 being double that of 2021, indicating a growing focus on data rights in the judicial system [2][3] Group 2: Types of Cases - The six guiding cases cover various areas including unfair competition, tort liability, personal information protection, and execution implementation, reflecting a comprehensive approach to data rights protection [3][6] - Specific cases include disputes over data scraping, the transfer of associated account services, and the over-collection of personal information by app operators, highlighting the diverse nature of data-related legal issues [3][10] Group 3: Legal Framework and Standards - The guiding cases aim to establish a rule framework for data rights protection, addressing the complexities of data as a new type of production factor and the inadequacies of existing legal provisions [7][8] - The cases emphasize the need for a unified standard in adjudicating data-related disputes, which is essential for fostering a conducive environment for data utilization and economic growth [7][9] Group 4: Future Directions - The Supreme People's Court plans to strengthen the judicial protection of data rights, enhance the guidance for data-related case adjudication, and promote the effective circulation and utilization of data [18][19] - There is a focus on improving legal education and awareness regarding data rights, ensuring that market participants understand their legal obligations and rights in the context of data utilization [19]

Core Viewpoint - The Supreme People's Court has released its first set of guiding cases focused on the judicial protection of data rights, addressing key issues such as data ownership, utilization of data products, personal information protection, and the delivery of online platform accounts [1][2][3]. Group 1: Judicial Protection of Data Rights - The release of the 47th batch of guiding cases marks a significant step in the judicial protection of data rights, responding to societal concerns regarding data ownership and personal information protection [1][2]. - The guiding cases aim to unify the standards for adjudicating similar cases, thereby enhancing the legal framework surrounding data rights [3][5]. Group 2: Growth of Data-Related Cases - The number of data-related cases has significantly increased, with the number of first-instance cases in 2024 being double that of 2021, indicating a growing recognition of data rights in the legal system [3]. - Courts are applying relevant laws such as the Civil Code and the Personal Information Protection Law to effectively handle disputes involving personality rights and property rights related to data [3][5]. Group 3: Specific Guiding Cases - The six guiding cases cover various areas including unfair competition, tort liability, personal information protection, and enforcement [4]. - Case 262 involves a dispute over unfair competition due to data scraping from an online platform, affirming that platform operators can seek legal protection when their business interests are harmed [4][8]. - Case 263 clarifies that providing associated account services with user authorization does not constitute unfair competition if it does not disrupt market order [4][17]. - Case 264 establishes that data processors who collect and process enterprise data without causing harm to the enterprise's rights are not liable for tort [4][25]. - Case 265 addresses the excessive collection of personal information by an app operator, ruling that such actions can infringe on user rights if not necessary for service provision [4][36]. - Case 266 confirms that collecting personal information for credit services under a "pay later" model is necessary for fulfilling contractual obligations [4][46]. Group 4: Future Directions - The Supreme People's Court plans to strengthen the adjudication of data-related cases and further unify judicial standards to promote the compliant and efficient circulation of data, thereby enhancing the value of data elements in the digital economy [5].

Core Viewpoint - The Supreme People's Court of China has released six guiding cases on data rights protection, addressing key societal concerns regarding data ownership, utilization, personal information protection, and network platform account delivery, thereby standardizing judicial measures for similar cases [1][2]. Group 1: Judicial Cases Overview - The number of data-related cases in Chinese courts has significantly increased, with the number of first-instance cases in 2024 being double that of 2021 [2]. - The complexity of data's economic and legal characteristics has led to new types of cases and increased difficulty in adjudication, drawing significant public attention [2]. - Courts are applying the Civil Code and Personal Information Protection Law to effectively handle data disputes involving personality rights and property rights, while also addressing issues of infringement [2]. Group 2: Specific Guiding Cases - Case 1: A case involving a technology company and a media company regarding unfair competition due to data scraping from a network platform, clarifying that platform operators can seek legal protection for their data-related business interests [4]. - Case 2: A case concerning a network information technology company and an information technology company, which clarified that providing associated account services with user consent does not constitute unfair competition [4]. - Case 3: A case involving a steel company and an e-commerce company regarding infringement liability, establishing that lawful data collection and processing that does not harm enterprise rights will not result in liability [4]. - Case 4: A case regarding excessive collection of personal information by an app operator, which determined that unnecessary collection of user profile information constitutes an infringement of personal information rights [5]. - Case 5: A case involving a credit management company and a user, clarifying that collecting personal information for credit services is necessary for contract fulfillment [5]. - Case 6: A case concerning the execution of delivering network platform accounts, emphasizing the need to consider account characteristics and comply with real-name authentication regulations during account delivery [5].

Core Viewpoint - The article emphasizes the importance of algorithm regulation in the context of new employment forms, highlighting the need to protect workers' rights while promoting the healthy development of the platform economy [1][4][5]. Group 1: New Employment Forms - New employment forms have become a significant employment reservoir, with 84 million workers engaged in these roles, accounting for 21% of the total workforce in China [4][5]. - The Supreme People's Court is actively working to establish legal frameworks that recognize and protect the rights of workers in new employment forms, ensuring a balance between labor rights and platform economic growth [4][5][6]. Group 2: Algorithm Regulation - Algorithms are identified as a key technology in managing new employment, with their control level being a crucial factor in determining the legal relationship between platforms and workers [7][9]. - The Supreme People's Court has issued guidelines to ensure that algorithms used in labor management do not violate workers' rights, emphasizing the need for transparency and fairness in algorithmic decision-making [8][9]. Group 3: Legal Challenges and Solutions - The complexity of labor relations in new employment forms poses challenges in accurately determining the existence of labor relationships, which significantly impacts workers' rights [6][9]. - The court has introduced guiding cases to clarify the standards for recognizing labor relationships in new employment forms, aiming to unify the adjudication standards and protect workers' rights [5][6]. Group 4: Data Rights and Protection - The article discusses the increasing importance of data rights and judicial protection in the context of digital economy and artificial intelligence, highlighting the need for clear legal frameworks to address disputes arising from these technologies [12][13]. - The Supreme People's Court is committed to enhancing judicial protection of civil rights in the digital economy while supporting the development of new industries [13][14].