Research On The Governance Of Cross-border Flow Of Enterprise Data

In the era of digital economy,data as a new factor of production is increasingly valued by countries.Data crossing traditional physical boundaries increases the uncontrollability of data,and disorderly cross-border data flows can cause risks and damage to the interests of individuals,enterprises,society and the state.In particular,the integration of information technology and special industries should be particularly cautious in the cross-border flow of data in finance,healthcare,infrastructure,energy and other industries.Enterprises are the main body of the data market,and are the most active and risky in data cross-border activities.Therefore,the state needs to supervise enterprise data cross-border,guide enterprises to do a good job of compliance,and properly regulate the issue of cross-border data flow.To this end,China has established a data cross-border security governance system based on the Network Security Law,the Data Security Law,and the Personal Information Protection LawThe paper starts with the connotation and scope of cross-border flow of data as well as its history and related theoretical concepts,and elaborates on the characteristics of cross-border flow of data and the scope of cross-border data including not only personal data but also non-personal data.On this basis,it discusses the value concept on which the governance of data cross-border flow is based,and points out that enterprises face risks when conducting cross-border business,which not only affect the normal operation of enterprises,but also the cross-border flow of data in special industries can even bring risks to national economic and political security,so it is necessary to regulate and govern the cross-border flow of enterprise data.The paper compares the current situation of governance of cross-border flow of enterprise data in China,and elaborates and analyzes with legislative norms,regulatory tools and typical cases,pointing out that the governance of cross-border flow of data in China has achieved certain results,but there are scattered legislation,conflicting relevant rules,lack of operability,legislative value concept favoring data localization,no unified regulator,insufficient cooperation and docking between countries,etc.However,there are problems such as fragmented legislation,conflicting rules,lack of operation,the value concept of legislation is biased towards data localization,no unified regulator,and insufficient cooperation and coordination between countries.The governance practices of Europe and the United States for cross-border flow of enterprise data are worthy of our observation.The EU has established a relatively strict regime for the cross-border flow of personal data,as well as a regime to eliminate restrictions on the localization of non-personal data,and has attempted to establish a digital single market within EU members while continuously adjusting the regime for the cross-border flow of data to facilitate the flow of data as much as possible.The U.S.,through mutual recognition agreements with the EU and trade agreements with other countries or regions,externally pursues a system of free flow of data to maintain its economic and technological advantages in digital trade,and internally adopts more stringent measures for cross-border flow of data within the U.S.through strict laws and extends its legal effect with extraterritorial enforcement,and regulates the cross-border flow of corporate data through double standards.The policy and system of cross-border data flow in Europe and the United States can provide some reference for China’s governance practice,but the governance of cross-border enterprise data flow in China must be based on the national situation.At present,the governance of enterprise data cross-border flow in China should be improved in these areas,such as appropriately adjusting the legislative value concept,improving the legal regulation of data cross-border flow,avoiding conflicts between laws,improving the rules of data cross-border flow governance,providing guidelines for enterprise compliance construction,establishing an independent regulator,and exploring multi-party collaborative participation,guiding and encouraging enterprises’ prior compliance construction as well as industry self-regulation In addition,we will strengthen international dialogue and cooperation to promote and facilitate the innovative development of the global digital economy,etc.