10 ASIAN LEGAL BUSINESS CHINA • 亚洲法律杂志-中国版 JUNE 2023 RANKING BY ASIAN LEGAL BUSINESS, TEXT BY CHARLIE WU 排名:亚洲法律杂志 作者:吴卓言 With the rapid development of science and technology, the complexities surrounding cybersecurity and data protection issues are increasing. In response to this, China has introduced a range of laws, regulations, and regulatory policies in recent years. Consequently, there is a growing demand for legal services specializing in data and cybersecurity. This year, ALB is launching its inaugural list of the top 15 cybersecurity and data protection lawyers, aiming to recognize the leading professionals in this field. 伴随科技飞速发展,网络安全与数据保护问题变得愈发复杂,近年,相关法律法规与监管政策在中国不断落地, 数据与网络安全法律服务需求也日趋增加。今年,ALB首次推出十五佳网络安全和数据保护律师榜单, 希望专注发掘该领域的优秀法律人。 As human society enters the digital and information era, data has emerged as a significant factor of production. According to Deloitte, “Data has profoundly transformed our methods of production, lifestyles, and social governance models. With the continuous innovation of technologies for data collection, governance, application, and security, coupled with the rapid development of industries, technology has propelled data elements to become intrinsic conditions for the long-term growth of the national economy.” On one hand, data itself, as a production factor, requires protection, commonly known as “data protection.” On the other hand, the online environment in which data operates also demands safeguarding, referred to as “cybersecurity.” Presently, the capabilities of data protection and cybersecurity have become indispensable components for a company’s competitiveness and the foundation upon which companies achieve more efficient business operations. Moreover, the data and Internet-related industries are experiencing significant growth, as projected by the 2022 White Paper on China’s Cybersecurity Industry, which predicts robust expansion in China’s cybersecurity industry over the next five years. In this context, laws and regulations have kept pace with these advancements, leading to the emergence of numerous lawyers and firms specializing in these fields in recent years. Consequently, what new skills and capabilities are expected from data protection and cybersecurity lawyers? What are the latest developments and trends in terms of services provided to enterprises in these fields? A number of the ranked lawyers share their insights with ALB. INTENSIFYING REGULATION Recently, cybersecurity and data protection have undoubtedly become the focal point of legislation and regulation in China. At the legislative level, three main pieces of legislation—the Cybersecurity Law, the Data Security Law, and the Personal Information Protection Law—have come into effect, ushering in a new era of cybersecurity and data protection. Industries are undergoing significant transformations, and enterprises will face increasingly stringent compliance challenges. Internationally, according to the 2022 Global Cybersecurity Development Trend Research Report, the US, EU, Australia, and India have all recently enacted legislation or directives to promote the establishment of mandatory cybersecurity incident reporting mechanisms such as the Cyber Incident Reporting for Critical Infrastructure Act and the Information Technology Act. Additionally, the US’s Federal Information Security Modernization Act and the EU’s latest Digital Markets Act have laid the foundation for building a more robust cybersecurity compliance management platform. All of these developments present challenges to the overseas operations of Chinese companies. The frequent introduction of new data and cybersecurity laws and COVER STORY
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