Comparative Study Of Data Localization Laws

As rules on cross-border data flows become an important element of international digital trade negotiations,current data localization measures in many countries may hinder the cross-border flow of data,and data localization is somewhat controversial in terms of maintaining national security,protecting individual privacy,promoting economic development and facilitating administrative enforcement.At the same time,China has also developed data localization legislation with the Cybersecurity Law as the core,but data localization should usually be complemented by a good data protection environment,including the data protection legal system,but there are still many aspects of China's relevant laws and regulations worth improving,and due to the high requirements of data localization,China's data localization legislation has also suffered many criticisms.This article analyzes several controversial aspects of the role of data localization,and through the study of data localization legislation in several typical countries,and combined with the current practice of data localization legislation in China,analyzes the current problems of data localization legislation in China,and gives its own recommendations.Data localization measures can be divided into strong data localization and moderate data localization,and data localization laws vary from country to country due to different circumstances,but through a comparative study,these countries still have data localization laws in common.The first chapter of the article mainly introduces the basic concept of data localization and analyzes the differences between the different data localization laws in promoting the maintenance of national security,the protection of personal data privacy,the promotion of economic development,and the rationale and problems of data localization in facilitating administrative enforcement.Chapter II focuses on the analysis of data localization provisions in several influential and representative countries.These countries(regions)are EU,USA,Korea,Australia,India,Russia,Indonesia and are classified according to their level of development into developed and developing countries.Through the above-mentioned practice of data localization in current countries,it is possible to find the differences and commonalities between data localization in developed countries and in developing China,and to classify the different types of data localization.From the above analysis,it can be seen that developed countries prefer moderate data localization measures,while developing countries prefer strong data localization countries,but they all have in common that when a foreign country(region)reaches a certain level of data protection,it does not restrict the flow of personal data to that country.This is a strong reference for our data localization legislation.Chapter 3 focuses on the main current data localization legislation in the country and analyses its characteristics.At the same time,it was found that there are problems with data localization in China,namely,the scope of data localization is too large,the lack of corresponding data flow mechanism and the lack of domestic personal data protection laws,so China's data localization law is likely to bring great negative effects.In the fourth chapter of the article,we firstly concluded that moderate data localization is the path that China should choose through the game theory model,and proposed from the domestic law level to improve and refine China's data classification,enhance the flexibility of data localization storage,and improve the data protection environment to reduce unnecessary data localization measures and promote the free flow of data,in addition,the article also proposed from the international law level that China should actively participate in the formulation of relevant international treaties to enhance China's voice in the field of data localization,to improve China's data localization laws and promote the free flow of data.