A Study On The Legal Regulation Of Cross-border Transmission Of User Data By Enterprises

Data is a key production factor,and more and more companies need to transfer user data between different countries or regions,and the cross-border transfer of user data has become an integral part of economic activities.However,while promoting international trade cooperation,cross-border transfer of data also increases the risk potential of data sovereignty,national security,and personal information security,and it is necessary to study the legal regulation of cross-border transfer of user data by enterprises.This thesis provides an overview of the legal regulation through-the specific content of the regulation-This thesis discusses the legal regulation of cross-border transmission of user data by outlining-the specific content of the regulations-the shortcomings of our country-comparative reference-legislative proposals.Firstly,starting from the background and significance of cross-border transmission of user data,through the definition and classification of user data and the analysis of scenarios of cross-border transmission by enterprises,the importance of China’s data economy security is illustrated at the institutional and practical levels,and the principles of effective regulation and promotion of development,and balancing digital security and data utilization should be grasped in an integrated manner.From the perspective of China’s legal system,the Network Security Law,the Personal Information Protection Law and the Data Security Law have built a solid public law protection barrier for defending national data security,protecting the rights and interests of users’ personal information and regulating the use of data,and relevant departments such as the State Internet Information Office and standard-setting units have also issued legal documents such as data cross-border rules and standard guidelines at different levels one after another,and various industries’ own Data management methods are also being gradually updated.Second,the law provides for key matters such as data localization,data classification and classification management,and pre-border assessment of user data.Enterprises need to ensure that users are informed and have their explicit consent,and then conduct cross-border transfer of user data through one of three legal channels: security assessment,protection certification and standard contracts.At the same time,enterprises need to ensure the security of cross-border transmission of user data,and risk administrative penalties or criminal prosecution if they violate the law in the cross-border flow of user data.Once again,the legal relationship of cross-border provision of personal information in China is complex and there are many links.The existing laws leave room for enterprises to operate in cross-border transmission of user data while there is also ambiguity in the application of the law.Many enterprises have experienced large-scale data leakage and data security incidents in data cross-border,and there is a lack of unified regulatory provisions and law enforcement departments.The data protection laws of various countries or regions also differ greatly,and there is a lack of international cooperation in data transmission regulation mechanisms,resulting in the process of cross-border user data in which enterprises often face high risks of non-compliance because they are unfamiliar with and do not understand the legal regulations of other countries.Finally,by analyzing China’s laws and regulations on cross-border transmission of user data by enterprises and the governance experiences of various countries or regions on cross-border transmission of user data by enterprises,we propose suggestions to increase the possibility of cross-border transmission by enterprises,strengthen technical research to enhance supervision,increase the remedy channels for users’ and enterprises’ rights and interests,and develop international exchanges and cooperation in digital economy by combining actual cases of enterprises.To explore the best practices of legal regulation in cross-border transmission of domestic enterprise user data,to play a reference for government regulation and enterprise data compliance,and to increase the systemic and pragmatic nature of cross-border governance of personal information in China.