A Study On The Legal System Of Trans-border Data Flow

With the rapid development of digital economy,the trans-border flow of data has become the norm in the world,but at present,there is no uniform rule to regulate the trans-border flow of data in the world.The differences in legal systems for trans-border movement of data between different countries make global governance of trans-border data transmission a challenge.The trans-border flow of data,which began in the 1960s and 1970s,has evolved into two regulatory systems dominated by the European Union and the United States,respectively,after decades of development.Europe has taken the lead in initiating a legislative process to regulate the trans-border movement of data,with its strong rule-making capacity.A system of rules has been created to severely restrict the trans-border movement of data,and the binding force of the“1981 EC Convention”,the“1995 data Protection Directive”and the "2016 General data Protection Regulation" has gradually increased.Restrictions on trans-border data transfer are becoming stricter and stricter;Based on the advantages of its digital industry,the United States has constantly advocated the free flow of data across borders,promoted its own model with the help of Asia-Pacific regional economic cooperation,and competed for the right to speak in the field of trans-border data flow.Facilitate the trans-border flow of data through bilateral and multilateral trade agreements.Although there are great conflicts between the European Union and the United States in regulatory tradition,regulatory value choice and regulatory policy,international cooperation still exists.The safe Harbor Agreement signed in 2000 and the Privacy Shield Agreement reached in 2016 have established an international cooperation mechanism between Europe and the United States in the field of trans-border data flow,reducing obstacles to cooperation between the two countries on trans-border data transmission.While actively carrying out international cooperation,Europe and the United States are still competing fiercely for the dominant power in the negotiations of TTIP and TiSA.The evolution history of the legal system of trans-border data flow in Europe and the United States describes the conflict and cooperation of the legal system of trans-border data flow on a global scale repeatedly and alternately.Through the detailed introduction,comparison and analysis of the typical international legal system of trans-border data movement,such as the European Union and the United States,this paper clarifies the basic understanding of the legal system,and probes into the gains and losses of the European Union and the United States in recent years.In order to provide suggestions for China’s domestic legislation and international cooperation practice.