Nancai Cooperative Weekly Report (Issue 63): The central enterprise will set up chief compliance officers; Guangdong promotes the market -oriented configuration reform of data elements

21st Century Business Herald Reporter Wang Wei Beijing report

This week (09.18-09.24) has dynamic dynamics.

In terms of digital economy and platform supervision, Guangdong promotes the reform of the market -oriented configuration of data elements, clarifies the direction of business data asset management, and promotes the chief data officer system; , Effectively prevent and control risks, and effectively ensure deepening reforms and high -quality development. Central enterprises will set up a "chief compliance officer", which will be held by the general legal adviser as a key person to participate in major corporate decisions.

In terms of network security and personal information protection, the Zhejiang Provincial Communications Administration has carried out a series of work such as network security offensive and defensive drills, network network security inspections, and network security level filing filing of the Internet of Vehicle. The public interest litigation case was tried.

In terms of intellectual property protection and anti -unfair competition, maliciously register the "Gubei Water Town" trademark and use this to obtain related companies. Compensation for the infringement.

In the overseas field, the US -headed US State Appeals Court of Anti -Monopoly by the United States, headed by New York State, should restore antitrust lawsuits filed by the Meta platform company; the Indonesian Parliament has passed the "Personal Data Protection Act" in the country that handles data in the country. It will face fines and prison for maximum 6 years.

1. Digital economy and platform supervision

1. Promote the market -based configuration reform of data elements in Guangdong, clarify the direction of business data asset management, promote the chief data official system system

On September 22, the special press conference of "Guangdong Province Promoting the Market -based Configuration Reform of Data Factors" introduced the latest achievements that Guangdong has achieved in promoting the market -based configuration reform of data factor. According to Yang Pengfei, director of the Guangdong Provincial Government Service Data Management Bureau, the first chief data officer system in Guangdong has launched chief data officer pilots in 11 prefectures including Guangzhou, Shenzhen, Zhuhai, and Foshan in many provincial departments. "The management system landing provides solid organizational guarantee. Through the chief data official system, the level of data governance, operating capacity and public data development and application levels of various departments and departments have been further improved.

Recently, Guangdong Province has also introduced a guide for the Chief Data Construction of Enterprise Data to conduct policy guidance on the management of enterprise data assets. As an important reference for formulating related support policies in the digital economy.

In July 2021, Guangdong took the lead in the country to introduce the "Plan for the Market -based Configuration Reform of the Guangdong Province Data Elements" and play a role in empowering economic and social development. At the special press conference of "Guangdong Province Promoting the Market -based Configuration Reform of Data Elements", Yang Pengfei said in response to questions in response to South Financial Economics • 21st Century Business Herald. The market infrastructure, universal data elements, large cycles of data elements, and high -quality economic and social development are promoted.

2. The central enterprise will set up a "chief compliance officer"

On September 18th, CCTV Finance reported that the State -owned Assets Supervision Commission of the State Council recently issued the "Administrative Measures for the Compliance of the Central Enterprise" (hereinafter referred to as the "Measures"), which promoted central enterprises to strengthen compliance management, effectively prevent and control risks, and effectively guarantee deepening reforms and high quality develop. The Measures will be implemented from October 1, 2022. The "Measures" clearly proposes that central enterprises should set up chief compliance officers in accordance with the actual situation, and do not add new leadership positions and positions. The unit strengthens compliance management. The "Measures" proposes that central enterprises should use compliance review as a must -have procedure to embed the management process. The compliance review opinions of major decision -making matters shall be signed by the chief compliance officer to make clear opinions on the compliance of decision -making matters. The business and functional departments and compliance management departments will regularly conduct a regular review of review standards, processes, and key points in accordance with their duties and authority.

In terms of supervision and accountability, central enterprises should not find illegal issues due to intentional or major negligence in the process of performing their duties, or if there is a misconduct for violations of regulations, the units and personnel who cause losses or adverse effects to the enterprise shall be carried out. Hold.

3. 40 measures in Gansu promote the "east count and west calculations", emphasize the overall layout and review management of the data center

Recently, the Gansu Provincial Government issued the "Several Measures on Supporting the National Hub Nodes (Gansu) Construction and Operation of the National Hub (Gansu) of the National Integrated Computing Power Online (Gansu), which proposed 40 aspects:" factor supply, talent support, funding support, service guarantee, and regulatory mechanism. " "True gold and silver" policy, clarifying that during the "Fourteenth Five -Year Plan" period, the large -scale super -large data center set in the province was deployed in the cluster of Qingyang Data Center, which continued to enhance the attractiveness and competitiveness of Qingyang's digital industry.

It is worth noting that under the policy dividend, Gansu emphasizes the overall layout and review management of data centers in the province. Do not support planning new data center clusters. In principle, the municipal government shall not give preferential policies such as land, fiscal and taxation and other preferential policies for new data centers outside the Qingyang cluster.

4. The first domestic self -driving data classification tiered white paper on September 18th, "Beijing High -level Autonomous Driving Test Demonstration Zone Data Classification Tie White Paper" was officially released at the 2022 World Intelligent Connected Auto Conference Network and Data Security Summit, filling in China The gap in the data grading classification field of the autonomous driving demonstration area provides "Beijing experience" for industry data security management.

As an important basic environment for supporting the intelligentization of the automotive industry and the transformation and development of the network of network, accompanied by the development of intelligent connected car testing and demonstration operation activities, a large amount of data has been quickly accumulated. Comprehensively guarantee data security in the automatic driving demonstration area, related to national security, social stability, and public interests. However, due to the large amount of data, complicated types, and involving multi -party interaction, the industry urgently needs to formulate a set of effective data classification and classification methods, so as to comprehensively sort out data assets, clarify the requirements of data security level guarantee, and comprehensively and efficient Establish the foundation of data security in the demonstration area.

Since its establishment, since its establishment, it has gradually constructed a forward -looking data security system that includes data security management systems and data governance technology means, providing important guarantees for intelligent connected vehicles to test demonstration, commercial operations, and data applications. This time, through the formulation of data classification and classification methods, support the demonstration area within the controlling cost range, explore the main responsibility boundary of the main body of the autonomous driving data, ensure the security red line, and reasonably formulate the scope of security control.

Second, network security and personal information protection

1 Zhejiang Provincial Communications Administration to promote the management of network network security management in depth

The Internet of Vehicle is a new generation of network communication technology and in -depth integration of emerging industries in the fields of automobiles, electronics, road transportation and other fields. As a province for the development of the new energy vehicle industry, Zhejiang, while the industry is developing rapidly, the safety risks of the Internet of Vehicles are becoming increasingly prominent, and the safety guarantee system of vehicle networking needs urgently. In order to further do a good job in the management of networking network security management in Zhejiang Province, the Zhejiang Communications Administration has recently carried out a series of work such as connected car security offensive and defensive drills, network network security inspections, and network security grading filing of car networking. This includes the means of cracking, vulnerability scanning, overpower access, data tampering and other methods through agreement, and conduct comprehensive "security tests" of the relevant platform system of the enterprise, detect and discover the hidden dangers of security, weak points and risks, and fully test the corporate network security protection and emergency response level level. It has improved the safety knowledge skills and actual combat capabilities of the participating units; and conducting network security inspections of Zhejiang Geely and other companies. Through data inspection, on -site interviews, technical testing, etc., the implementation of the implementation of corporate network security laws and regulations, the compliance of industry standards, and the hidden dangers of network security risks have been conducted. In response to the problem, the inspection team gave feedback and put forward corresponding rectification opinions on the spot, requiring enterprises to further improve political standing and implement network security and data security protection responsibilities.

2. Parents' personal information was sold back to the public interest litigation case filed by the Chongqing Consumer Council for trial

In August 2021, Fei Mouyang joined the "K12 Education Resources Exchange Group" and "Education Training Unemployment Assistance Group" through QQ and WeChat online to find information with personal resources. Subsequently, Fei Mouyang started the "middleman" to sell students and parents 'information. At the price of 0.25 yuan per piece, 11034 students and parents' information were purchased from the "home". School name, parent phone and other content. Then at a price of 0.45 yuan, transferred to the "lower home", which made a profit of 2,000 yuan. On October 26, 2021, Fei Mouyang was captured by the Yubei District Public Security Bureau of Chongqing. On June 2, 2022, the People's Procuratorate of Yubei District made a decision on a micro -crime.

The Chongqing Municipal Consumer Council filed a public interest lawsuit against Fei Mouyang that although Fei Mouyang was exempted from being prosecuted in criminal aspects, the behavior of illegal buying and selling students and parents' personal information has seriously damaged many unspecified consumers who are not specific consumers. Legal rights and interests, endangering public interests, should bear the liability for civil infringement. On September 19, the first court of Chongqing City opened the trial. As a supporting prosecutor, the Yubei District People's Procuratorate participated in the trial of the case throughout the process, and issued the opinions of the Chongqing Consumer Council's public interest litigation.

In court, Fei Mouyang said that he recognized the debate opinions and lawsuits issued by the plaintiff's Chongqing Municipal Consumer Council, and said that he would actively and actively participate in public welfare activities in the consumer field in the future to make up for his faults. The court trial believes that Fei Mouyang's information behavior of illegal trading consumers has infringed on many unspecified consumer rights and social public interests, and should bear the corresponding civil infringement liability. Under the auspices of the judge of the trial, the former defendant signed a mediation agreement in court, and Fei Mouyang submitted a public apology letter.

3. Intellectual property protection and anti -unfair competition

1. Malicious registration of "Gu Beishui Town" trademark is determined by the court to form an unfair competition

As a tourist attraction on the suburbs of Beijing, Gubei Water Town has been well known in recent years, but its operators were trapped in an embarrassing situation that was required to stop the trademark of the same name. Beijing Xiaomao Technology Co., Ltd. (hereinafter referred to as Xiaotao Company) After registering the "Gubei Water Town" trademark in 2014, it took the use Gubei Water Town Company) Send an infringement warning letter and filed infringement complaints. Since then, the Gubei Water Town Company applied to the relevant departments to declare that the registered trademark of Xiaomao Company was invalid and filed a complaint of improper competition to Xiaomao Company. A few days ago, the Beijing Intellectual Property Court finally determined that Xiaoyan Company constituted inappropriate competition and judged that it would lose more than 30,000 yuan to the Gubei Water Town Company. Nancai's point of view: A breakthrough idea in the lawsuit of the case is that when the real right holder is interfered and affected by the registered person of the robbery, the right to "negate" the right to recover from the trademark administrative procedure. "When there is no trademark use of trademarks, it is difficult to obtain compensation through infringement of trademark rights, and the grabbing person who interferes with normal operational activities and implement unfair competition through improper competition will be claimed. Due to the reasonable cost of rights protection in disputes and trademark administrative procedures.

Fourth, overseas compliance Fengyun

1. Duozhou in the United States requires the court to restore antitrust lawsuits against META

On the morning of September 20th, the United States, headed by New York State, proposed to the Federal Court on Monday that it should restore antitrust lawsuits filed by the META platform company because the company's behavior has caused continuous damage, saying that the lower court has identified it. It was wrong to wait too long to file a lawsuit. The organization consists of 46 states, Guam and Colombian Special Administrative Regions. Alabama, George Asia, South Carolina and South Dakota have not participated.

It is reported that Meta is also facing similar lawsuits filed by the Federal Trade Commission. Earlier, in order to resist the lawsuit, Meta demanded hundreds of competitors to share commercial secrets and was accused of "stealing secret lawsuits".

2. Indonesian Parliament passed the "Personal Data Protection Act"

The Indonesian Parliament passed the "Personal Data Protection Act" (hereinafter referred to as the "Act") on September 20. Those companies that have been discovered in the world's fourth largest population to handle data will face fines and prison for maximum 6 years.

The maximum fines set by the bill are 2%of the company's annual income, and their assets may be confiscated or auctioned for fines. The bill also set up a two -year "adjustment" period, but did not explain how illegal acts will be dealt with at this stage. According to the bill, personal data for personal interests can be forced to be imprisoned for up to 6 years; illegal collection of personal data can be imprisoned for up to 5 years. Users have the right to compensate for data leakage and can withdraw their consent to the use of their data.

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