Research On European Union’s Legal Regulation Of Cross-border Data Flows

At present,the European Union has established a cross-border data flow regulation system,which includes a cross-border personal data flow mechanism based on the protection of personal data rights,a cross-border data flow mechanism among European Union member states aimed at building a single European digital market,and digital trade rules for countries and regions outside the European Union.These three aspects together form the European Union’s loose and tight cross-border data flow rules.The European Union’s cross-border data flow regulation presents internal free flow,strict personal data outflow restrictions and diversified digital trade-related regulations.Such a regulation system has reference significance for China’s current personal data protection,non-personal data reuse and digital trade negotiation position.The first chapter analyzes the general problems of the European Union’s cross-border data flow,including the definition,classification,legal attributes of data and how to define "cross-border" in the cross-border data flow.This will pave the way for the following discussion.Different types of data and different legal attributes of data will affect the way of legal regulation.The second chapter analyzes the legal regulation of the cross-border flow of European Union personal data.The European Union has elevated personal data protection to a basic human right.The General Data Protection Regulation has created a series of data rights,exercise methods and relief channels for data subjects to ensure the exercise of personal data rights.On the other hand,strict personal data outflow rules have been formulated,including advocating the extraterritorial effect of the General Data Protection Regulation,higher personal data outflow standards and the supervision of data protection agencies over the implementation of the General Data Protection Regulation.In terms of personal data,the European Union strictly restricts its outward flow.However,this European Union measure is being challenged by unilateralism from the United States.The third chapter analyzes the free flow of cross-border data among European Union member states,which is also an important part of the construction of the European Union single digital market.The European Union is making great efforts to build the European digital single market with the rule system.At present,the core of the rules is Regulations on Free Flow of Non-Personal Data,European Union Public Sector Data Reuse Rules,Scientific Research Data Preservation and Access Rules,Private Sector Data Sharing Rules and Online Platform Operation Rules.At the same time,the European Union is also exploring the value reuse of digital content,introducing new rules on the protection of digital copyright and the interests of data producers.The fourth chapter discusses the European Union cross-border data flow policies related to digital trade,including two important aspects of data localization and digital taxation.For the purposes of personal data protection,maintaining national security and facilitating administrative law enforcement,all European Union member states have formulated data localization measures to restrict the storage and processing of data in their own fields in various ways,which is not conducive to the long-term development of the European Union digital market.Therefore,the European Union has formulated various measures to restrict data localization.In the area of digital taxation,the European Union has always advocated the abolition of customs duties and the collection of value-added tax.The fifth chapter discusses what the European Union’s cross-border data flow rules can learn from China,including the establishment of a sound personal data security system and a review mechanism for personal data outflow,as well as the opening up of public sector data sharing and reuse.Take appropriate and flexible digital trade strategies to adapt to the current situation of China’s digital market.