Research On The Consistency Of Restrictive Regulations For Cross-border Data Transmission With WTO Rules

Thanks to the advancement of information technology in just a few decades,people's lifestyles have changed radically,and the free flow of data is more frequent than ever.The great value of data is reflected in the flow,but at the same time,the free transmission of data on the global scale by advanced technology has brought challenges to national security.Data leakage,cyber attacks,cybercrime and other issues are all pose a threat to national security.Cyber security has become an important part of national security.In view of this,many countries currently have relevant domestic laws to restrict cross-border transmission of data.Since the regulation of cross-border data involves both domestic and international rules,in the international rules,the United States and the European Union have been promoting two rules and regulations to protect the privacy of the EU as a representative of the EU model and promote The American model of free data transmission has been constantly competing and merging.However,these two regulatory models have always existed in parallel,and there is no international rule for unified data cross-border transmission in the world.The WTO rules system is currently the most important international trade rule with the greatest influence in the world.The domestic regulations restricting the cross-border transmission of data should be coordinated with WTO rules and comply with WTO rules.Therefore,this paper intends to analyze the consistency between the restrictive regulations of cross-border data transmission and the WTO rules.Firstly,it analyzes whether the services involved in the restrictive regulations belong to the scope of service trade,and secondly analyzes whether it violates GATS from the two aspects of general obligations and specific commitments.rule.In the analysis of specific commitments,first explore whether the services involved are services that have been promised in the specific commitment form,and assume that there are unrestricted commitments in the services involved regarding market access obligations and national treatment obligations.Restrictions on the cross-border transmission of data violate specific commitments for analysis,and finally the rationale for the cross-border transmission of data applies to the exception clauses of the WTO rules.Through the above argumentation method to analyze the relevant provisions of China's "Network Security Law",although China's relevant measures violate the specific commitments of China's service trade,its purpose is to maintain national security and comply with the provisions of the WTO's rules on security exceptions..