Same text, different meaning: China’s risk-based approach to data protection

Xiaodong Ding, Hao Huang, Zhengyu Shi and Yeliang Wang ()
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Xiaodong Ding: Renmin University of China, School of Law
Hao Huang: University of California, Berkeley, School of Law
Zhengyu Shi: LLM Class of 2023, Harvard Law School
Yeliang Wang: Renmin University of China, School of Law

Humanities and Social Sciences Communications, 2025, vol. 12, issue 1, 1-11

Abstract: Abstract This article analyzes the divergence between China’s Personal Information Protection Law (PIPL) and the EU’s General Data Protection Regulation (GDPR), despite their textual similarities. It argues that China’s approach to data protection is shaped by distinct domestic understandings of “risk,” rooted in past legislation, judicial practices, and social concerns. Using focal point theory, the authors identify three key dimensions of risk in China: large-scale participation, economic loss, and threats from third parties. These focal points explain why China’s risk-based approach prioritizes different enforcement goals than the GDPR. The article also shows how these differences manifest in several areas, including the definition of personal information, the regulation of automated decision-making, and the design of enforcement authorities. Ultimately, the article challenges the assumption that legal diffusion through the “Brussels Effect” leads to uniform global standards. Instead, it highlights how domestic cultural and institutional factors reshape transplanted laws, creating seemingly performative enforcement that reflects localized regulatory logics.

Date: 2025
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DOI: 10.1057/s41599-025-06100-3

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