RCEP Cross-border Data Flow Exception Clause And China’s Response

In the era of big data,global Internet platforms and cross-border electronic data flows have largely enriched the content of international trade,and goods that used to be traded in physical form now tend to be traded across borders in the form of electronic data.However,at the same time,cross-border data flows,as a brand new issue,can also pose threats and challenges to personal privacy,business development,and national data security.The Regional Comprehensive Economic Partnership(RCEP),as the first multilateral outcome in the Asia-Pacific region that covers a wide area and has high standards of rules and regulations and integrates the interests of the parties,was set up with full consideration of the differences in national conditions and economic development of each country,among which the cross-border data The RCEP is the first multilateral outcome in the Asia-Pacific region that covers a wide area and integrates the interests of the parties,but it is set up with full consideration of the national conditions and differences in economic development,among which the exception clause for cross-border data flows is an innovation.The adoption of the wording "the Parties consider" directly clarifies that the Parties have the right to exercise their own judgment,which enhances the possibility for the Parties to invoke this provision to adopt restrictions on cross-border data flows and safeguard national interests.However,it should not be overlooked that RCEP does not specify the meaning and scope of application of "public policy objectives" and "fundamental security interests",leaving more room for legal interpretation,which also makes the ambiguity of the terms of the article and the broad discretion of the member parties.This also makes the ambiguity of the terms of the clause and the wide discretion of the members the biggest obstacle to the use of the clause by the parties.Therefore,it is helpful to analyze the specific conditions for invoking the exception clause in order to correctly understand the cross-border flow of data.For the "public policy objectives" exception,the broad and evolving nature of this concept is affirmed,and it is clarified that it is to be judged by the RCEP Joint Committee or a panel of experts according to the specific ethical standards advocated by the disputing parties;for the "essential security interests" exception,the "fundamental security interests" exception is affirmed.For the exception clause of "essential security interests",we affirm its "right to prohibit objections" and clarify the conditions for its invocation.As for China,it has always adhered to the basic principle of free flow of data,but at the present stage,it still emphasizes security first,with the essential goal of safeguarding data security and national security,so it is often questioned by western countries.Therefore,proving its legality and adaptability under the RCEP exception clause is undoubtedly an urgent task,and on this basis,further adjusting and improving the relevant domestic legislation,clarifying the possible risks and making good On the basis of this,we should further adjust and improve the relevant domestic legislation,clarify the possible risks and make preparations,so as to enhance the international competitiveness and influence of China in the field of data flow regulation.