Research On Legal Issues Of Personal Information Protection In Cross-border E-commerce

Nowadays we are in an era of big data,this is exactly what the development of Internet information technology has brought to this world.In this era of information and economic globalization,digital trade has seen rapid gains,and large-scale transborder flows of personal data are invisible.All countries in this era urgently need to formulate regulations on the protection of personal information in cross-border e-commerce so as to protect themselves and adapt to this era.Cross-border e-commerce,a form of online trading platform,has a full impact on the entire industry chain.In this mode of trade,the user's personal information has been transformed from a role that was originally used to prove identity to a resource that has an important market value.And the value of the data derived far exceeds itself.Some developed countries that have developed relatively quickly in the field of cross-border e-commerce have extended to the world.In recent years,China has made a leap forward in cross-border e-commerce.Great online sales platforms such as Tmall and JD have achieved amazing results.These e-commerce companies are not only popular in the country,but also in foreign countries.Their common feature is to collect personal information from overseas buyers,such as age,nation,individual condition.Analyze their preferences based on the keywords of their regular visits so as to quickly lock buyers into the product areas and provide them with effective guidance.And provide the best possible service to attract buyers' attention.Therefore,the user's personal information has become the most important resource in cross-border e-commerce.The transborder flows of personal information has also become one ofthe internal motive forces for the development of cross-border e-commerce.How to formulate personal information protection rules in cross-border e-commerce is a global issue.If countries want to adapt to this imformation age,they must establish their own rules for the protection of personal information,and be in line with international standards.Formulate bilateral,regional,and global rules for transborder flows of personal information.For international organizations,OECD passed the “Guidelines on the Protection of Privacy and Transborder Flows of Personal Data” in 1980.It covers eight principles and guides members in accordance with these eight principles for domestic legislation and international cooperation;With the promotion of trade liberalization,WTO “General Agreement on Trade in Services” also stipulates corresponding provisions,but there are also deficiencies.Therefore,some scholars propose to establish an international e-commerce under the framework of WTO;APEC signed the “APEC Privacy Framework”in 2005,which involves the nine principles of personal information protection.In order to better promote the implementation of the framework,APEC has established a Cross Border Privacy Rule system.The regulation of transborder flows of personal information between the United States and the European Union is unique.The United States advocates freedom of information transfer across borders.It knows its advantages in Internet information technology,thus vigorously promotes the establishment of rules for the free transborder flows of personal information and opposes the state's excessive interference in transborder flows of personal information.As for the United States,it does not have a unified personal information protection law.But it is scattered in other laws and regulations,supplemented by industry self-regulation mechanisms.This is a feature of the protection of personal information in the United States.For the European Union,it believes that the protection of personal information is a protection of human rights,so that strict laws are established to protect personal information.In the “Data Protection Directive”passed by the European Union in 1995,it regulates“adequate protection level” as general rules with standard contract clauses and binding company rules as exceptions,reflecting their strictness.However,due to its flaws,the European Union has passed “The General Data Protection Regulation”as a new reform of its personal information protection.It is an upgraded version of the“Data Protection Directive”,which further solves the problems in the “Data Protection Directive” to better suit this era.The cooperation between the United States and European Union is also a typical model of transborder flows of personal information.From the “Safe Harbor Agreement” between the United States and European Union in2007 to the “Private Shield Agreement” in 2016,both the United States and European Union have made efforts to establish a safe and effective transborder flows of personal information.Although there are some problems in the process,it is indeed that needs to be learned among other countries and regions.The beginning in China was late in the personal information protection legislation.There is no national specific “Personal Information Protection Law”.The relevant provisions are scattered in other laws and regulations.In 2016,the “Network Security Law” was passed.In2017,the “Information security technology — Personal information security specification” was adopted to assist the “Network Security Law”.Thus showing China's efforts.However,there are still problems.I will also put forward some small proposals in this article,hoping to help future personal information protection and development of China.This article elaborates on the following three aspects:The first part is an overview of personal information protection in cross-border e-commerce.For the study of topics,the definition of basic concepts is essential.Therefore,this chapter is divided into two sections.The first section defines the concept.The second section introduces the problems of personal information protection in cross-border e-commerce.The second part introduces the international comparisons for the protection of personal information in cross-border e-commerce.The first section is mainly from the OECD “Guidelines on the Protection of Privacy and Transborder Flows of Personal Data”,the WTO“General Agreement on Trade in Services”,and APEC“APEC Privacy Framework” and the Cross Border Privacy Rule system to explain.The second section introduces the legal regulations of personal information protection in cross-border e-commerce between the United States and European Union.Both the United States and the European Union are major countries in the transborder flows of personal data.They are persuasive about the research issues in this paper,and the tranborder flows of personal information between the United States and European Union is also an international model.Therefore,this section first introduces the United States' personal information protection system in cross-border e-commerce,followed by the introduction of the European Union's corresponding system,and finally intoduces the protection of personal information in cross-border e-commercefrom the perspective of cooperation between the United States and European Union.The third section is a section summarizing the characteristics of common features in the above international rules.The third part is the perfect part of personal information protection in cross-border e-commerce of China.This chapter embodies the value of this article.After researching relevant foreign legal systems,combined with the development status of China's personal information protection.It analyzes the existing problems in China,and extracts the path suitable for China's development,hoping to help the protection of personal information in cross-border e-commerce of China.Faced with the big-focus issue of personal information protection in cross-border e-commerce,there is no unified rule or point of view.And it is necessary to accumulate experience in foreign cooperation.The protection of personal information in China and foreign cooperation are not antagonistic but complement.Therefore,it is not only for China but also for other countries that the development of personal information protection rules that are appropriate to the country.At the same time,being in line with international standards to jointly promote the development of transborder flows of personal information needs us to work together.