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On The Perfection Of International Regulation Of Cross-border Data Flow Under Digital Trade And Its Enlightenment To China

Posted on:2020-08-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y J XiongFull Text:PDF
GTID:2416330596980578Subject:International law
Abstract/Summary:PDF Full Text Request
With the rapid spread of Internet applications,especially the integration of information and communication technologies in the cloud computing model,occasional temporary cross-border data transfer in the past has become daily large-scale data flow.The full flow of data between countries and regions supports the rapid development of cross-border online services,greatly reducing the cost of international interactions and transactions,and creating a global market and user community for digital trade.Cross-border data flow has become an important factor of driving the vigorous development of digital trade.But cross-border data flow is accompanied by risks while promoting technological innovation,narrowing global differences,and driving economic development.Especially in the new digital trading environment,data capitalization gives birth to data transaction,which greatly increases the risk of personal privacy exposure.What's more,some digital technology powers rely on their own technological advantages to monitor the data flow in other countries to collect intelligence.Therefore,for the purpose of protecting personal information,maintaining national data sovereignty,and ensuring the development of the domestic digital information industry,countries have established their own data protection laws to limit cross-border data flow based on their own data control capabilities and the actual needs of data resources.However,unreasonable restrictions can lead to new digital trade barriers if they hinder market access.Therefore,in the digital trade negotiations,how to find the balance of cross-border data flow regulation between promoting the liberalization of digital trade,protecting human rights and safeguarding national data sovereignty has become a widespread concern.From the perspective of digital trade,this paper discusses the perfection of cross-border data flow regulation,focusing on the typical model of cross-border date flow regulation and the new development of cross-border date flow rules in digital trade negotiations and the value orientation behind them.On this basis,it explores the perfection of international regulation methods of cross-border date flow under digital trade,and compared with the current legislative situation in China,this paper also probes into the enlightenment to the perfection of domestic regulation.The following four aspects are discussed in detail:The first chapter gives an overview of digital trade and cross-border data flows.Itintroduces the current situation of digital trade and cross-border date flow.On this basis,it analyzes the importance and necessity of regulating cross-border flow,as well as the conflicts between cross-border data flow and national data sovereignty and personal privacy protection under digital trade.The second chapter conducts an international study on the regulation practice of cross-border data flow under digital trade.Starting from the development trend of cross-border date flow regulation,it analyzes two typical cross-border data flow regulation models including EU and APEC,as well as the new progress of cross-border date flow regulation in digital trade negotiations such as CPTPP and TISA,and compares the different value orientations of different countries and regions in regulating cross-border date flow under digital trade.The third chapter puts forward some suggestions to improve the international regulation of cross-border data flow under digital trade.This chapter first analyzes the regulatory dilemma faced by the cross-border data flow in the digital trade situation,and then explores the methods of perfecting its regulation from the international level.The fourth chapter discusses the enlightenment about improving the regulation of cross-border data flow under digital trade in our country.Based on the current situation of cross-border date flow regulation in China,this chapter analyses its disadvantages,and puts forward corresponding suggestions on how to scientifically manage cross-border date flow under the trend of digital trade in China by drawing lessons from international experience.
Keywords/Search Tags:digital trade, cross-border date flow, personal information protection, data sovereignty, data localization
PDF Full Text Request
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