Research On International Regulations Of Transborder Data Flow In Digital Trade

Novel coronavirus pneumonia is the latest development of the global digital economy.With the rapid iteration of cloud technology and Internet technology,the outbreak of the digital economy has been promoted by the new crown pneumonia epidemic,which has promoted the development of international trade.Cross-border data flow has become no longer strange.It is an important link in the development of digital trade.The change of the mode of action has prompted the legal system of international trade and the rules of global digital governance to respond accordingly.At present,countries(regions)are gradually shifting their focus to the research on the international law regulation of cross-border data flow,and the global debate and international rules game about the regulation of cross-border data flow are in progress.From a global perspective,cross-border data flow is an irreversible trend,and it is necessary to take positive measures to deal with it.However,at present,there is no unified international law rules for cross-border data flow,and there is no global regulatory system in the field of cross-border data flow.Different countries(regions)have different regulatory systems of data flow,which objectively requires not only strengthening international governance,but also promoting the construction of a new order of international cooperation.It also requires global common management and suggestions,so as to reach an international consensus on global governance of crossborder data flow.Based on the logical starting point of clarifying the necessity of crossborder data flow regulation under digital trade,this paper analyzes the current situation and difficulties of international legal regulation,including the lack of unified general standards in international regulation,jurisdiction conflict in cross-border data flow,limited effectiveness of current international rules,lack of international regulatory cooperation,conflict between data localization and trade liberalization,and crossborder data flow There are differences in safety.Throughout the global trend,the development of a single goal of governance can not solve the current dilemma of cross-border data flow,and can not reach the international consensus in the field of global governance of cross-border data flow.Finding an inclusive strategy that can meet the needs of both international and domestic governance is the most important link to solve the current dilemma of global governance of cross-border data flow.From the perspective of international governance,it is proposed that the international level should improve the compatibility of crossborder data flow rules,solve the jurisdiction conflict in cross-border data flow,break the effectiveness barrier of cross-border data flow,strengthen the international regulatory cooperation of cross-border data flow,adjust the balance point of crossborder data protection,and set the exception clause of cross-border data flow as a safety valve At the domestic level,China participates in the improvement of the legal regulation of cross-border data flow,and actively promotes the formation of the global governance framework of cross-border data flow by improving the scientificity of cross-border data flow regulation,establishing a data classification supervision system,establishing a multi dialogue mechanism of cross-border data flow regulation and participating in International rule making.At the same time,we should improve the unified common standards and enhance the strength to deal with the competition of digital industry,so as to help the substantive progress of international law regulation of cross-border data flow in the field of digital trade.