Research On The Exception Clauses Of Cross-border Data Flow In CPTP

In the era of data,cross-border data flow plays an important role in promoting trade development,but there are also cases where cross-border data flow hinders trade development.Therefore,how to effectively maintain cross-border data flow and weaken data sovereignty disputes,while sharing the dividends of cross-border data flow,so as to promote the development of data economy,has become a key issue in the field of cross-border data flow governance.Whereas exceptions have a “harmonization” function and the Comprehensive and Progressive Trans-Pacific Partnership Agreement(CPTPP)is the first free trade agreement that provides binding exceptions for cross-border data flow in the section of“Electronic Commerce”.This paper takes “CPTPP cross-border data flow Exception clause”as the research object.Based on an overview of the concept,development process and legal functions of the exception clause of CPTPP cross-border data flow,this paper conducts normative analysis and comparative analysis of the exception clause,and then finds out the existing problems of China’s cross-border data flow exception clause and puts forward ways to improve it.Specifically,the first chapter defines the “cross-border data flow exception clause”,retrospects the evolution process of the CPTPP cross-border data flow exception clause and explains its functions.Chapter 2 analyzes the core provisions of the CPTPP cross-border data flow exception clause,including “general exceptions(Article 29.1,Paragraph 3,Paragraph 4)”“security exceptions(Article 29.2)” and “cross-border transfer of information by electronic means(Article 14.11,paragraph 3,also known as ‘specific exception’)”.After that,the CPTPP cross-border data flow exception clause is compared with “basic clause” and “other exception clause”,and it is clear that the CPTPP cross-border data flow exception clause is neither CPTPP exception clause nor CPTPP exception clause.The third chapter compares and analyzes the three types of CPTPP cross-border data flow exception clauses(general exception clauses,security exception clauses and specific exception clauses)with the corresponding clauses of USMCA,RCEP and GDPR,so as to concluded that the cross-border data flow exception rule established by the CPTPP has penetrated into the USMCA,RCEP and GDPR.The development of China’s digital rules cannot bypass the CPTPP.Chapter four firstly combs the current situation of cross-border data flow in China from the overall framework and specific content,and then compares and analyzes the exception clause of CPTPP cross-border data flow with that of China,and finds that there are some problems in the exception clause of cross-border data flow in China,such as the large gap in the form of the clause,the vague application conditions of the rules and the absence of “public policy exception”.Finally,it is concluded that the improvement path of the exception clause of cross-border data flow is to add the “public policy exception” clause,issue the implementation rules and prevent the rule camp.