Legal Regulation Of Cross-border Data Flow In China

Thanks to the advancement of digital technology,the global digital economy is in a period of vigorous development,and global data is constantly flowing across borders.Covid-19 has brought the digital economy to a new level.The development of cross-border e-commerce has also made the cross-border flow of data more and more frequent,thus making the flow of data between different countries an indispensable factor in cross-border electronic trade.A prominent feature of the data world is the change in the basis and means of information cross-border trade.The system of international trade regulations and world data management standards have been pushed to respond accordingly.At present,the most important practical problems faced by countries(regions)in the world are the transnational transmission of information and how to achieve management unity.However,due to differences in political,economic,and cultural backgrounds,various countries also have certain disputes over the formulation of global laws for cross-border data.Different countries are also having a heated debate on this.Based on the current global context,the cross-border flow of data is in the ascendant and continues to move forward.Therefore,countries around the world need to take effective measures to solve it.However,there is still a lack of a unified regulatory system at the international level.Of course,this is also due to the differences in data flow supervision systems in different countries or regions.Therefore,in the future legal regulation of cross-border data flow,it is necessary to objectively promote the national governance of data,and to promote the construction of a new international cooperation system.On the one hand,different countries should enhance their sense of cooperation instead of playing zero-sum games.On the other hand,in the process of cooperation,reaching mutual cooperation consensus is the core essence of solving problems at present.This paper first defines the basic concept of data cross-border flow regulation,and reviews and discusses the current status and dilemma of China’s current data cross-border legal regulation.This paper identifies current issues including a lack of uniform international standards and conflicts in cross-border data jurisdictions.In addition,problems include the lack of international regulatory cooperation and differences in data localization and trade policies across countries(protectionism versus liberalism)and institutional differences in the flow of data across countries.In view of the development of global data laws and regulations,only focusing on the governance ideas of individual countries or regions cannot solve the current dilemma of cross-border data flow.Differences between the areas of global data cross-border governance still exist.The focus of solving the current dilemma of data cross-border legal regulation should be to take into account the global level and to find more adaptive policies based on the country.From the perspective of international governance,this paper advocates that at the international level,countries should improve the inclusiveness of cross-border data flow between countries,break down barriers to cross-border data,and strengthen international regulatory cooperation.At the domestic level,this paper argues that China should actively participate in global legal regulation,the rules for cross-border data flow should be clarified,and the security assessment mechanism should continue to be improved.At the same time,China can learn from the implementation of the whitelist for cross-border data regulation,integrate and build an international system for cross-border data flow regulation,and actively promote the formation and improvement of cross-border data flow regulation.