On 28 Aug. 2025, China’s Supreme People's Court (SPC) released its 47th batch of guiding cases, marking the first time China’s top court has issued a set specifically focused on the judicial protection of data rights. The six cases cover critical legal frontiers, including data ownership, unfair competition, and personal information protection. As data becomes a core factor of production, data-related litigation in China has surged, with the number of first-instance cases concluded in 2024 doubling compared to 2021. This judicial move aims to standardize rulings in similar cases nationwide and provide clearer legal expectations for the digital economy.
Among them, Guiding Case No. 265, "Luo v. X Company” Privacy and Personal Information Protection Dispute," addresses excessive collection of personal data by apps. The court clarified boundaries for apps collecting user profile information. The English learning software in question required users to input details like occupation and learning goals to log in, without a "skip" option. The court ruled that such information is not essential for providing educational services, and compelling collection under the guise of automated recommendations constitutes overreach. This case establishes a key principle: determining if data processing is "necessary for contract fulfillment" depends on whether omitting the information would prevent core functions from operating.
The release of these cases responds to national policies on building data infrastructure. In 2022, China issued the " Opinions on Building a Basic Data System to Better Leverage Data Elements"(关于构建数据基础制度更好发挥数据要素作用的意见), which emphasized creating compliant and efficient mechanisms for data circulation.
Photo by Markus Spiske on Unsplash
Contributors: CJO Staff Contributors Team
