Paradigm Shift in Classified Protection Compliance Standards for Data Security: A Critical Analysis under China's Data Security Law

Abstract

Abstract:With China's adoption of the Data Security Law, a paradigm shift has occurred in the classified protection compliance system for data security, as data security emerges as a regulatory domain distinct from the traditional cybersecurity framework. This new paradigm seeks to balance stringent national security requirements with the economic need for data circulation and utilisation. This article argues that traditional "hard law" and unilateral sovereign regulations are insufficient to address complex digital threats and global data flows. It identifies five critical shifts in data security governance: from sovereign regulation to competition-oriented regulation based on proportionality; from complete to incomplete contracts to manage residual risks; from hard law to soft law and technical standards; from rigid provisions to strategic agenda-setting mechanisms; and from top-down coordination to a consensus-based legal principle approach. Building on this new paradigm, this article advocates an integrated governance model that employs flexible, iterative technical standards to bridge abstract legal principles with practical, scenario-based applications. Such a model can support a more resilient and adaptive data security compliance system that fosters both security and development.