Research On WTO Regulation Of Cross-Border Data Flow

With the advent of the information age,data streams have infiltrated into all aspects of personal life and social management.The rapid development of computer technology promotes the cross-border flow of data.The rapid flow of cross-border data also promotes the development of electronic commerce.As the key medium and important carrier of electronic commerce,the orderly and safe flow of cross-border data is related to the progress of digital trade.The vigorous development of information technology has promoted the flow of cross-border data,greatly improved the value of data in the development of electronic commerce,and provided practical opportunities for other countries to integrate,compare and analyze data,thus bringing potential threats and even injuries.At present,due to the fact that the global rules system for cross-border data flow has not yet been established,the United States,the European Union,China and other countries have formulated their own unique regulation methods according to their e-commerce development level.WTO members have proposed cross-border data flow proposals based on their own positions in the e-commerce negotiations in 2019.The U.S.government advocates the free flow of highly liberalized cross-border data,while the European Union emphasizes the adequate protection of personal privacy,while China,Russia and other countries hope to adopt data localization measures based on maintaining data security.Its conflicts of interest also highlight the problems faced by the current rules of cross-border data flow,conflicts between economic interests,trade liberalization and national security,and differences in the level of protection of personal information,which are the main problems to be solved when WTO formulates rules.Different rules in different countries are also very likely to cause data flow barriers.The global nature of data flow and e-commerce calls for the international community to conduct global governance on cross-border data flow.WTO plays a vital role in the global regulation of cross-border data flow,but the original rules of WTO have not made specific institutional arrangements for cross-border data flow,and there are many obstacles to the rules that can be followed.RCEP,CPTPP and other regional trade agreements have made different levels of institutional responses to cross-border data flows.The WTO can draw inspiration from the existing regional agreements,balance the different value pursuit of various countries,and construct more comprehensive uniform rules for cross-border data flows.As an international e-commerce power,China has deeply participated in the WTO e-commerce negotiations and submitted relevant proposals.Therefore,when actively participating in the global management of cross-border data flows,China should also fully consider the current global development mode of cross-border data flow rules,link the global legal system with domestic laws,and actively strive for the right to speak on the global regulation of cross-border data flows,so as to put forward a China plan for the formulation of WTO cross-border data flow rules.