Legal Regulations Of Trans-border Data Flow

With the rapid development of technology and the further promotion of trade liberation,the commercial value of electronic data has been rising all the time,meanwhile,stricter regulations of trans-border data flow have been required because of the wide range of data flow.How to regulate the flow of data legally,reasonably and effectively has become an essential issue regarding to the protection of personal privacy and development of digital economy.Based on the different interest,countries hold different views of this problem,for example,The United State of America advocates the free flow of data,however,EU believes the protection of privacy prevails,meanwhile,most developing countries insist on localization of data.Based on the international background and the publication of Cyber Security Law of the People's Republic of China.I hereby intend to analyze this issue with the following aspects.Chapter ? “Legal system of Trans-border data flow” will clarify the definition and existing regulations on trans-border data flow for a comprehensive understanding of the issue,besides,the meaning of litigation of trans-border data flow will also be mentioned briefly.Chapter ? “International Cooperation on trans-border data flow” will summarize the related regulations both internationally and regionally in order to establish a general understanding on this issue,the developing process will also be noted in this Chapter,especially APEC Privacy Framework,General Data Protection Regulations of EU which will come into effect in 2018,the Trans-Pacific PartnershipAgreement dominated by USA,the Safe Harbor and Privacy Shield between USA and EU for giving some suggestions of the legislation of Chinese law based on the comparison.Chapter ? “The Legal Operation of Trans-border Data Flow” will give a brief introduction of the implementation of law as well as the barriers may be encountered in the field of Conflict Law.Moreover,the barriers may be encountered in the legislation of a legal system which may be applied all over the world will also be mentioned.Chapter ? “The New Trend of Data Storage” will discuss the newest application of data storage combined with the blockchain and the legal problems which may be focused when this technology is applied.In the last Chapter,a general situation of China's regulation in this field and the solutions of both country and companies will be summarized.I hold the view that protecting personal information and the advocate of free flow of data are not adversarial relation but supplementary.It is meaningful to participate in both international and regional cooperation,at present,the legal system for supervision on trans-border data flow is characterized by fragmentation.The establishment of globally applicable rules is a long-term process,therefore,a temporary mechanism may be set at the international level,and classification management of data at the national level may also be a good choice.