Legal Examination of User Data Protection in the Bankruptcy of Chinese Digital Platform Enterprises

다국어 초록 (Multilingual Abstract)

With the growth of the digital economy, user data protection due to digital platform enterprise bankruptcy has become more important. The personality rights of users and the property interests of creditors conflict with data compliance and bankruptcy proceedings' efficiency due to user data's dual nature. The Chinese Enterprise Bankruptcy Law, the Personal Information Protection Law, and the Data Security Law have conflicting value goals and blank rules in special situations, resulting in ambiguous data ownership, valuation and disposal irregularities, regulatory absence, and user rights protection issues.
This study has important theoretical and practical value because it can fill the gap between the traditional bankruptcy legal system and the new rights protection in the digital economy era, as well as support user data security and creditors' interests. To resolve this issue, the article suggests transforming ideas and establishing the principle of "priority of user data rights"; improving core norms by clarifying data ownership "platform restricted right of use", creating the disposal rule of "deletion and migration prior to sale", and introducing the data compliance officer system; and building a collaborative protection system of court and regulatory review.