From brussels effect to gravity assists: Understanding the evolution of the GDPR-inspired personal information protection law in China

Abstract

This paper explores the evolution of China's Personal Information Protection Law (PIPL) and situates it within the context of global data protection development. It draws inspiration from the theory of ‘Brussels Effect’ and provides a critical account of its application in non-Western jurisdictions, taking China as a prime example. Our objective is not to provide a comparative commentary on China's legal development but to illuminate the intricate dynamics between the Chinese law and the EU's GDPR. We argue that the trajectory of China's Personal Information Protection Law calls into question the applicability of the Brussels Effect: while the GDPR's imprint on the PIPL is evident, a deeper analysis unveils China's nuanced, non-linear adoption that diverges from many assumptions of the Brussels Effect and similar theories. The evolution of the GDPR-inspired PIPL is not as a straightforward outcome of the Brussels Effect but as a nuanced, intricate interplay of external influence and domestic dynamics. We introduce a complementary theory of ‘gravity assist’, which portrays China's strategic instrumentalisation of the GDPR as a template to shape its unique data protection landscape. Our theoretical framework highlights how China navigates through a patchwork of internal considerations, international standards, and strategic choices, ultimately sculpting a data protection regime that has a similar appearance to the GDPR but aligns with its distinct political, cultural and legal landscape. With a detailed historical and policy analysis of the PIPL, coupled with reasonable speculations on its future avenues, our analysis presents a pragmatic, culturally congruent approach to legal development in China. It signals a trajectory that, while potentially converging at a principled level, is likely to diverge significantly in practice, driven by China's broader socio-political and economic agendas rather than the foundational premises of EU data protection law and its global aspirations. It thus indicates the inherent limitations of applying Brussels Effect and other theoretical frameworks to non-Western jurisdictions, highlighting the imperative for integrating complementary theories to more accurately navigate complex legal landscapes.