Divergence In The Formation Of Global Digital Trade Rules And China's Response

In recent years,the number of global Internet users has grown rapidly.The continuous development of information technology such as digitization,networking,and intelligence has improved the global digital service platform and digital infrastructure,resulting in the emergence of digital products with electronic transmission as the main mode of transmission.After that,with the continuous expansion of the range of digital products through cross-border data transmission,the global digital trade is showing a vigorous development trend.This new trade model has changed the way and means of traditional international trade,and promoted major changes in the business model of trading companies.Existing trade rules have limited the development of digital trade to some extent,hindering the flow of cross-border data and the services provided by cloud computing.However,at present,there is no unified digital trade rules system in the world,so the establishment of global digital trade rules is imminent.Based on the analysis of the current status of digital trade rules,this paper studies the "American template" and "European template" in the process of digital trade rules formation.Regarding the "American template",this paper mainly analyzes the evolution of "American template" from the comparison of related rules between USMCA and TPP,and finds that the rules of American template based on USMCA reaffirm,deepen,and extend previous digital trade rules.Regarding the "European template",this paper finds that its rule system is currently incomplete,but mainly focuses on the three major issues of cross-border data free flow,intellectual property protection,and audiovisual exception.Faced with the pressure from Europe and the United States,China is also striving to build the "Chinese template" that reflects its own interests,gradually putting forward China's claims in multilateral,bilateral or regional trade agreements,and making efforts to improve domestic laws and regulations.This paper mainly analyzes the positions and disputes of major countries on digital trade rules from three principles: data monopoly and governance,localization and cross-border data flow,source code and intellectual property protection,and analyzes the case of the GDPR.The GDPR is a concentrated reflection of the main divergences between the United States and Europe in data governance.Generally speaking,it is essential to strengthen the supervision of data collection and management activities.In this process,it is necessary to strike a balance between privacy protection and digital innovation promotion,and strengthen the supervision of the use of micro-data and the flow of cross-border data.Based on this,this article believes that China should promote the free sharing of data and improve the antitrust system,implement data classification management to promote the free flow of cross-border data,strengthen the protection of intellectual property rights and solve the problem of piracy in China,build a world electronic trading platform relying on e-commerce,and participate in the negotiation of multilateral digital trade rules and conclude service trade agreements.