Research On The Coordination Of Data Localization Rules Between China’s Data Legislation And Regional Trade Agreements

Nowadays,the movement of data and information across national boundaries is crucial to the development of international economy and international community as a whole.On one hand,the free flow of data across borders,whether in traditional international trade or e-commerce,has long been fundamental and indispensable.On the other hand,emerging technological developments,represented by artificial intelligence and the Internet of Things,also depend on access to high quality data.Countries can also reap more economic and social benefits by deploying and developing new technology.In short,the cross-border flow of data plays a great important role in international community.However,the risk of data security in the cross-border data flow cannot be ignored.The low level of personal information protection in some regions,network threats and attacks,illegal transactions of information and data,and large-scale surveillance of other countries by using information technology,pose great security threats to personal privacy,public interests and even national security in the digital era.Therefore,more countries choose to adopt data localization measures to ensure the security of data and information within the territory.Others,in turn,are opposed to data localization measures and in favor of the free flow of data across borders to maximize economic benefits.Currently,data localization measures are limited to core data,important data and personal information in China’s data regulation.However,RCEP and CPTPP prohibit data localization measures in principle and allow parties to adopt localization requirements exceptionally.Clearly,there are problems at the level of coordination between China’s data legislation and RCEP & CPTPP that China has concluded or is about to join,and there are differences and potential conflicts between data localization rules.This article will mainly analyze this problem,explore the legal reasons and practical factors behind the conflict of rules,and put forward corresponding suggestions on how to promote the coordination between China’s data legislation and the data localization rules of RCEP and CPTPP in the context of the conflict of rules.The first part of the paper is “The problems of coordination of data localization rules between China’s data legislation and regional trade agreements”.This part mainly discusses the differences between China’s data localization legislation and CPTPP & RCEP data localization rules in terms of the positions of data localization regulation and application of data localization measures.It points out that the differences above lead to significant conflicts between that two in terms of basic positions and application.The second part of the paper is “Legal reasons and realistic factors of conflicts of data localization rule”.This part mainly analyzes the reasons behind the conflict of data localization rules.First,the inherent contradiction between data security and free flow of data is the direct cause of rule conflicts.Secondly,the differences in governing philosophy on cross-border data flow between China,the US and Japan reflected behind the rule conflicts are the legal reasons.Finally,in the context of the global digital divide,the conflict between data competition between China,the US and Japan is an important but easily overlooked realistic factor.The third part of the paper is “Analysis of coordination between data localization rules”.This chapter puts forward solutions on how to solve the conflicts between China’s data legislation and CPTPP & RCEP data localization rules.On one hand,based on the analysis of the jurisprudence and practical basis of China’s implementation of RCEP and CPTPP rules,it is pointed out that domestic data legislation should be well coordinated with RCEP and CPTPP data localization rules.It includes promoting the coordination between the two sides on the basic position of data localization regulations and application of data localization measures.Clarifying the inapplicable scope of data localization measures is also necessary.On the other hand,China should make domestic data legislation play an exemplary role in the regulation of data localization in trade agreements,including actively exporting China’s plan of data cross-border flow governance and promoting the improvement of data localization rules in RCEP and CPTPP on the basis of competing for the leading role in the formulation of international rules on data localization.China should also promote the construction and cooperation of data localization under “Belt and Road Initiative”.The efforts above will contribute to resolving conflicts between different data localization rules,so as to build a solid bridge between the rules.