Research On EU Non-Personal Data Circulation Rules

The 21 st century is an era of digital economy,and the mining and utilization of data value has become an important driving force to promote national and even global economic growth.The application and popularization of data technology has become a global trend,and a large number of enterprises will produce large amounts of non-personal data.In the absence of a rule system to deal with new technologies,market failure will inevitably occur.How to build a non-personal data flow system has become another important proposition after personal data protection.On October 4,2018,the EU passed the Regulation on the Free Flow of Non-Personal Data,which is the first special legislation on non-personal data in the world.The new law and the EU General Data Protection Regulation(GDPR)constitute the framework of EU data flow rules.In the absence of targeted non-personal data rules in China,it is of great theoretical and practical value to study EU non-personal data flow rules.In the traditional legal framework,the EU focuses on protecting data security.With the implementation of digital single market plan,promoting the flow of non-personal data has become the core value of the new round of amendments.The EU guides the formulation of the new law through a series of macro policies,designs various solutions according to different scenarios,and evaluates the comprehensive interests of different solutions.In terms of the content of the rules,the new law defines the applicable subject and the scope of non-personal data,abolishes the limitation of data localization,adds exceptions,empowers authorities to access and obtain data,supplemented by assistance mechanisms and penalties,and advocates industry self-discipline in data migration.The European Union has formulated corresponding rules in the field of personal data and non-personal data,while the rules of non-personal data circulation in China are relatively scattered and not targeted.On the one hand,the EU has advantages in legal certainty,data security,transparency and market competition order,and China has enormous opportunities for industrial scale and policy support;on the other hand,the new EU law may encounter difficulties in its application and corporate attitudes,while China needs to prevent and control market failure.Therefore,Under the guidance of security and benefit value,China should distinguish different scenarios between the state and enterprises,enterprises and their users.Taking the Development of Data Security Law as an opportunity in the future,and then strengthen the limitation of data localization within a limited range,formulate industry standards to promote the transaction and migration of non-personal data,strengthen the supervision of non-personal data storage,processing and transaction,and establish a platform evaluation system so that ensure national security and orderly,free development of data market.