Enlightenment Of The EU GDPR On The Regulation Of Cross-border Flow Of Personal Data In China

Under the background of global digitization and big data era,the economic value of personal data is gradually emerging.At present,the relevant legislation on the flow of personal data in China is not perfect,which is difficult to meet the practical needs of the increasing cross-border flow of personal data.How to improve the regulation mechanism of cross-border flow of personal data in China is a key problem to be solved in the legislation of personal data protection.As a milestone of global personal data protection in the past two decades,the EU’s general data protection regulation(gdpr)has important reference value for China.For example,its diversified but restricted cross-border transmission mechanism of personal data and its new protection rights for data subjects,Strict and efficient classification system for data,professional data regulatory agencies set up experience.Therefore,the EU gdpr has an important enlightenment on how to improve the regulation of cross-border flow of human data in China.This paper mainly uses the methods of literature research and case analysis,through the study of the relevant provisions and judicial practice of the EU general data protection regulations,drawing on its legislative experience,aiming at the current lack of legislation in the regulation of cross-border personal data flow in China,puts forward some legislative suggestions to improve the regulation of China’s personal data flow.This paper is divided into three chapters:The first chapter mainly introduces the current situation and problems of the regulation of cross-border flow of personal data in China.This paper introduces the related concepts of the regulation of the cross-border flow of personal data,analyzes the current situation and problems of the cross-border flow of personal data in China,such as the fuzzy classification standard of personal data leaving the country,the unclear classification standard of personal data leaving the country,the single cross-border supervision of personal data,and the fuzzy protection of the rights and interests of data subjects.The second chapter focuses on the EU gdpr provisions on the cross-border flow of personal data.This paper studies the cross-border transmission mechanism of personal data in the EU gdpr and the protection system of data subject in the EU gdpr,so as to provide relevant legislative experience for China to learn from gdpr.The third chapter expounds the Enlightenment of gdpr to improve the relevant legislation in China.This paper puts forward some suggestions on the revision of the personal information protection(Draft)and the network security law,which are related to the cross-border flow of personal data in China.That is to refer to the EU gdpr,set up different regulatory paths according to the nature of data,implement diversified data exit evaluation mechanism,construct China’s Extraterritorial applicable rules,and actively carry out international cooperation in the regulation of cross-border data flow,In order to improve the legal system of personal data protection and cross-border flow in China.