Research On The Regulation Issues Of Cross-border Data Flows Under The Framework Of WTO

With the rapid development of the Internet and the globalization of international economy and trade,the digital trade as a brand-new form is gradually becoming an important part of international economy and trade.The cross-border data flows,as the key medium and factor of digital trade,plays an essential role in promoting economic and social development.As cross-border data flows may infringe on some legal policy goals,such as personal data and national cyber security,different countries regulate cross-border data flows from different positions with different legislation.As the different regulation measures they take may also lead to a restrictive effect on global free trade,to promote the positive role of cross-border data flows on the international economy and trade,there is a need to establish a unified framework at the international level to regulate cross-border data flows.Under the background of the rapid development of digital trade,WTO as a multilateral organization with the purpose of promoting free trade,faces the necessity of reforming as well as the challenges and opportunities of regulating cross-border data flows.This paper is based on the premise that WTO works as the international regulation platform for cross-border data flows,and aims to explore how to construct international rules to regulate cross-border data flows under the framework of WTO by focusing on the issues that WTO may face currently when it regulates cross-border data flows.Besides,this paper also aims to provide a useful reference for Chinese government to put forward the proposal for the construction and improvement of the multilateral rules of cross-border data flows under the framework of WTO.In addition to the introduction and conclusion,this paper is divided into five parts:The first part is the basic theory of cross-border data flows regulation under the framework of WTO.On the one hand,by clarifying relevant concepts,this paper defines the meaning of "cross-border data flows".On the other hand,by analyzing the relationship between WTO and cross-border data flows regulation,this paper discusses the necessity,feasibility and difficulties faced by WTO in regulating cross-border data flows.The second part deals with the defect problems of the current rules on the freeflows of cross-border data under the framework of WTO.On the one hand,through the analysis of the current WTO rules,it points out the insufficiency that current rules exist in tariffs,market access and competition policies.On the other hand,by comparing and analyzing the international practical experience of promoting free flows of cross-border data which can be borrowed by WTO,it provides suggestions for the improvement of relevant rules on the free flows of cross-border data under the framework of WTO.The third part deals with the existing problems of the current rules on the protection of personal data under the framework of WTO.On the one hand,through the analysis of the current WTO rules,it points out the insufficiency that current rules exist.On the other hand,by comparing and analyzing the international practical experience for the protection of personal data which can be borrowed by WTO,it provides suggestions for the improvement of current WTO rules on the protection of personal data.The fourth part deals with the existing problems of the current rules on the protection of national cyber security under the framework of WTO.On the one hand,through the analysis of the current WTO rules,it points out the insufficiency that current rules exist.On the other hand,by comparing and analyzing the international practical experience for the protection of national cyber security which can be borrowed by WTO,it provides suggestions for the improvement of current WTO rules on the protection of national cyber security.The fifth part is the strategic analysis for China to deal with and respond to the construction of international rules on cross-border data flows.This part reviews the current status of China's rules on cross-border data flows,protection of personal data and national cyber security.In response to the construction of international rules on cross-border data flows,China should propose its countermeasures both at the international and domestic levels.