| Data has undoubtedly become an important resource for the current global economic and industrial development,and the issue of cross-border data flow has been widely concerned by various countries and regions.In the basic pattern of cross-border international data flow,the legislative paradigm created by the EU and the United States has become a part that cannot be ignored.There are both differences and common similarities between these two paradigms,forming typical cross-border data flow rules with their own characteristics.In consideration of national security,data industry development and privacy protection,some countries take data localization measures according to their national conditions to limit the cross-border flow of data to different degrees.The degree of restrictions on cross-border flow of data varies among countries based on different value concepts or policy orientation.On the one hand,countries intervene differently in data flow;on the other hand,localized storage is different.Due to multiple demands such as data security protection,national sovereignty maintenance and personal privacy protection,China has established a data localization system of “data localization storage as principle and security evaluation as exception”in Article 37 of the Cybersecurity Law.However,the supporting legislation of China’s data localization system is not perfect enough,and the detailed rules on the classification management and exit evaluation of data localization are still controversial.The legal system of the United States and the EU in the field of cross-border data flow supervision is representative.It is important to study the legislative response and conflict coordination of cross-border data flow in the environment of big data,which has important reference significance for the formulation and improvement of relevant legislation in China.There are mainly four chapters in this paper.The first part discusses the connotation of the data localization measures,the development status and the legal basis of the existing international data localization measures.Chapter 2 and 3 analyze the data localization classification management and data exit evaluation mode of the US and the EU,mainly explaining that the US and the EU adopt different localization storage measures for different types of data,and then make an in-depth analysis of the data exit evaluation mode of the US and the EU.The fourth chapter combined with the existing rules and practice,puts forward the perfect data localization system in our country,in order to combine with our own legislation and practice,according to the international and domestic data flow experience handle national security maintenance,personal rights,interests balance between economic development needs. |
