A Comparative Study Of Digital Trade Rules Between E.U.and U.S.

In recent years,with the increasing maturity of Internet technology and the continuous development of information and communication technologies,the digital wave has swept the whole world.According to the statistics of China Digital Trade and Software Export Report2017 issued by the Ministry of Commerce of the People's Republic of China,China's digital economy ranked second in the world in 2017,accounting for 32.9% of China's Gross Domestic Product.It can be seen that China's digital economy is developing rapidly and the prospects for digital trade are very broad.Despite the rapid development of global digital trade,the corresponding digital trade rules are incomplete and lack of comprehensiveness.At present,there is still no digital trade rules system that is uniformly applicable to the whole world.As the two major participants and guides in the development of digital trade,the European Union and the United States have different degrees of exploration in the formulation of digital trade rules.However,due to the obvious differences in national culture,geographical location and legal background between the two countries,there are also huge differences in basic demands in the field of digital trade between Europe and the United States.This paper mainly analyzes the main disputes between the EU and the United States on digital trade governance and rulemaking,and explores how China should find a balance point in the divergence between Europe and the United States,and proposes digital trade rules with Chinese characteristics in light of China's own national conditions,so as to grasp the initiative in the formulation of digital trade rules.The comparative study of the digital trade rules in European Union and the United States of this paper can be mainly divided into five parts,which are as follows:The first part is an overview of the digital trade rules,which mainly introduces the basic situation of digital trade rules.At the same time,through the further elaboration of the two basic concepts related to digital trade rules(digital products and digital trade),a preliminary understanding of the characteristics of the EU and US digital trade rules is initially formed.The second part is the comparative analysis of data storage localization rules regarding digital trade rules between European Union and the United States,which comparing the specific rules of data storage localization between the European Union and the United States.Based on the characteristics of countries in its region,the European Union insists on introducing data storage localization rules into digital trade;while the United States is opposed to the EU's storage localization restrictions in view of its strong digital economic confidence.The third part is a comparative analysis of trans-border data flow rules regarding digital trade between European Union and the United States,which makes a comparative analysis of the disputes between the European Union and the United States on trans-border data flow.The high-frequency mobility of data is a distinctive feature of the digital trading era.The United States believes that only by ensuring that data can flow freely between different countries can the digital economic benefits in the digital trading environment be guaranteed;while,The European Union still insists that data flow should be conditional,and unrestricted data flow threatens national security and the security of citizens' personal information.The fourth part is the comparative analysis of personal information protection rules regarding digital trade between European Union and the United States,and the relevant requirements of the two in protecting personal information of citizens are analyzed.The fifth part is the enlightenment of the digital trade rules in European Union and the United States to China.At present,China has not yet established its own digital trading system,and the formulation of digital trade rules is also in its infancy.By studying the different practices of European Union and the United States on digital trade rules,we can find the balance point and foothold of China,formulate digital trade rules with Chinese characteristics,and master the right to speak in the formulation of digital trade rules.