The Study On GDPR Cross-border Data Flow Regulation

In today’s social life,we have been surrounded by a variety of data,personal data has also been recorded as people’s footprints in the digital world,its economic value is increasingly emerging.Cross-border collection,use and migration of personal data are already common in global trade.Governments of all countries are gradually legislating to avoid the infringement of their personal data.At present,the common practice is still to solve the cross-border flow of personal data in the form of bilateral agreements,lacking multilateral international treaties to regulate it.Personal data rules on crossborder flows,the European Union as an early rules and regional organizations,the general data protection ordinance(hereinafter referred to as GDPR)is the set of farreaching legal documents in the world scope,and other countries in regulating the legislative model of cross-border data flows,also for our country’s cross-border flows of personal data related system construction provides the reference.Therefore,this paper takes the relevant provisions and judicial practice of the EU GDPR on the crossborder flow of personal data as the research object,and proposes to improve the development of regulations on the cross-border flow of personal data in China.I will discuss the theme from four parts.besides introduction and conclusion,the first part is the beginning,this paper briefly introduces the related concepts of crossborder flow regulation of personal data,personal data cross-border flow regulation and protection mode,the necessity of GDPR legislation background,contrast to the personal data protection directive,in the legislative level,jurisdiction,the main body has right to breakthrough.The second part focuses on the relevant systems of the cross-border flow of personal data in GDPR,the standards for the cross-border flow of personal data in GDPR,the supervision situation,and the rights of data subjects stipulated.The existing problems are evaluated and analyzed in order to provide experience for China to improve the relevant system of GDPR.The third part analyzes the existing problems in the implementation process of GDPR,such as the frequent occurrence of rules on cross-border flow of personal data that weaken the influence of GDPR,the poor effect of corporate regulations,and the insufficiency of regulatory system,and provides experience for China to improve relevant systems based on GDPR.The last part discusses the enlightenment of GDPR to China.By introducing China’s legislation on cross-border data flow in recent years,this paper discusses the necessity of using GDPR for reference in improving regulations on cross-border personal data flow in China.Pointed out that at present our country face the crossborder flow of personal data lack of systematic,regulators have no special legislation,the problem of low participation of international cooperation,and put forward the improvement of the specific measures,such as balance the rights of personal data protection and economic benefits,Suggestions to improve personal data flow crossborder supervision system in China,actively into the international rules,And the measures we can refer to when carrying out the Personal Information Protection Law.