Research On Legal Issues Of Cross-border Data Flow

In the era of digital economy,data as a new factor of production promotes the development of various fields such as economic and trade,scientific and technological research and development.With the strengthening of globalization,the cross-border data flow has been becoming a value chain between countries around the world.Maintaining an important bond has broad development prospects and can produce huge economic and social benefits.At the same time,because data information involves important contents such as personal privacy,business secrets,and state secrets,the security of data information has a crucial impact on the public interest,economic development,and national security of a country,coupled with the openness of the Internet and the data itself has the characteristics of strong liquidity and difficult supervision,which makes countries face huge risks and challenges in the process of data supervision and governance.Therefore,the issue of cross-border data flow has become a topic of general concern to the international community.In recent years,China 's digital industry and digital trade have remarkable achievements,becoming the leader of the global digital economy in many fields such as e-commerce and financial technology,especially the implementation of the national the Big Data strategy which aims at the “building a data economy with data as a key element” and the "the Belt and Road" strategy,the rapid development of multinational enterprises and cross-border e-commerce,and the scale of China's cross-border data flow have been further expanding.In order to ensure the security of China's data and information,the "Network Security Law" formally implemented in 2017 made the first unified provisions on cross-border data flow,and successively issued supporting specifications such as the " Information Security Technology Data Outbound Security Evaluation Guide " cross-border data flow regulation system.However,at present,the development of China's cross-border data flow laws and regulations has a late start,poor practicality,a large gap with the data governance rules of developed countries,and the lack of effective connection with international cross-border data flow rules.It cannot meet China's current massive data cross-border flow requirements.Therefore,in order to promote the development of foreign trade and ensure the security of national data,it is an urgent problem to be solved in our country to establish a legal regulation system for cross-border data flow that is in line with national conditions,highly operable,and in line with international standards.In comparison,cross-border data flow outside the regulatory practice started earlier and the content is more abundant.OECD,the United Nations and other international groups have actively formulated regulatory documents.The European Union has established a relatively strict cross-border data flow regulation system after more than 40 years of practice.The rules of bilateral and multilateral trade agreements for cross-border data flow.Many countries such as the United States,Germany,and India are also affected by the national interests,economic and technological levels,and historical traditions of various countries.They have determined various forms of cross-border data flow regulatory measures.Stones form other hills may serve to polish the jade of this one.By sorting out and summarizing the characteristics and practical experience of cross-border data flow rules outside the domain,it is of great significance for China to improve the cross-border data flow regulatory system and effectively participate in international governance.In addition to the introduction and conclusion,this article is divided into four chapters.The first chapter is " Basic issues of cross-border data flow regulation." This chapter defines cross-border data flow and the basic connotation and characteristics of cross-border data flow regulation,and analyzes the value of cross-border data flow regulation from the perspective of ensuring personal information security,promoting economic development,and maintaining national security.The second chapter is "Status and Problems of China's Cross-border Data Flow".This chapter analyzes the development status of China's cross-border data flow from the perspective of laws and policy rules,then points out the problems in China's cross-border data flow regulations..The third chapter is "Analysis of Legislation and Practice of Cross-border Data Flow Regulation Outside the Domain".This chapter sorts out and introduces the legislative practice of cross-border data flow regulation in international and regional organizations and typical countries,and discusses and analyzes its legislative characteristics and practical experience.The fourth chapter is "Suggestions on the Improvement of China's Cross-border Data Flow Regulations." This chapter is mainly aims at the problems existing in the regulation of cross-border data flow in my country,and on the basis of drawing on the practical experience of regulation outside the territory,puts forward targeted and feasible perfect suggestions.