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Study On The Legal Regulation Of Trans-border Data Flow

Posted on:2019-03-11Degree:MasterType:Thesis
Country:ChinaCandidate:J J HuangFull Text:PDF
GTID:2416330566999851Subject:Law
Abstract/Summary:PDF Full Text Request
Nowadays,the world economy is becoming increasingly dependent on cross-border data flows.The world is always lack of a reference value to the countries of the international mechanism.As cross-border data flows the main object of regulation,lack of relevant internal compliance strategies.Our country is also a lack of participation in cross-border data flows of international mutual trust mechanism.At present,the existing problems of our country based on the data analysis of cross-border legal regulation of international organizations,research on transborder data flow in China,the status quo of the legal regulation and foreign representative countries,put forward the following suggestions: first,the principle of legal regulation of cross-border flow of data should be the principle of accuracy,objective limitation principle,the principles of safety protection non discrimination principle and technology reasonable risk distribution principle.Second,the data flow of cross-border legal regulation mode should adopt enterprise self-discipline mode and safety risk assessment model combining.Third,legal regulation measures of cross-border flow of data from data should improve localization specification,perfect data classification system,the implementation of cross-border flows of data security risk assessment,to promote regional cooperation to consider cross-border data flows.Fourth,the legal regulation of liability for cross-border data flows should be taken into account from the violation of cross-border data security and hinder cross-border data flows,the parties need to undertake domestic law in civil,administrative and criminal liability,the state may also hinder cross-border data flows according to the international treaty or agreement responsibility.In addition,in the enterprise compliance requirements,the enterprise should cross-border data flows has set up a good legal framework to construct data localization process based on complete set,followed by the related system,to evaluate the internal cross-border data flows,and actively respond to the relevant international legal disputes.In the international mutual trust mechanism,and actively participate in the national certification and promote the establishment of "The Belt and Road" national data cross-border cooperation mechanism.
Keywords/Search Tags:Legal regulation of cross-border data flow, Cross-border data flow, Legal regulation
PDF Full Text Request
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