Cross-border Data Flow "US Rules And European Rules" And China's Response

In recent years,the development of the world's digital economy has changed rapidly,and the conversion of data resources to data assets has accelerated,which has led to a fierce competition among parties in the field of cross-border data flow.Data is meaningful information formed by artificially processing cyberspace with binary abstract digital symbols(numbers).It can be divided into personal data and non-personal data,original data and derived data,mobile data and restricted data.Trans-border Data Flow refers to the transmission,access or processing of data across national borders and political boundaries.With the widespread use of new digital technologies such as big data,cloud computing,the Internet of Things,and fintech,the inherently potential value of data has been gradually activated,becoming an important production factor and market factor for countries in the digital economy era.Its value is reflected in data sovereignty,Data management rights,data society rights,data personality rights,data property rights and other composite value forms,and this is the core driving factor for cross-border data flow.In modern society,value and risk are often accompanied.Although the scope and extent of cross-border data flow is positively related to the value it generated,it also inevitably generates some hidden dangers,which require international law to regulate in cross-border data flows.At its regulatory level,two major systems have been formed,led by American information liberalism and EU tights protectionism.The former,which is a typical industry self-regulation model based on “organizations as the benchmark” to minimize administrative intervention,emphasizes market-oriented policy.It opposes the excessive interference and obstruction of business activities resulted from tough legal regulatory structures and the definition of basic human rights.The latter is based on geographic regions and has a strong protectionist color.It promotes the free circulation of data within the European Union,highlights the protection of personal data with stricter restrictions and more unified domestic markets,and sets up defensive barriers with “full protection” as a shield.The US and European rule systems are constantly evolving in conflict and reconciliation.Besides,Japan,based on its own interests and considerations,has adopted a strategy of cooperating with either rule to seek the externalcompromise of the “dual rules” to enhance its influence and voice in cross-border data flow rules.China should have a deep understanding of the development trend of international regulation of cross-border data flows,accurately grasp the characteristics and intervals of China's development stage,adhere to the guiding ideology of maintaining endogenous development of national core interests,and clearly advocate the goal and vision of open and mutually beneficial international cooperation.Through the establishment of a modern data governance system,supporting the output of industry standard soft law rules,expanding the development space of the Digital Silk Road,strengthening the international prevention and control of data flow risks,and promoting the formation of coordinated international unified rules,we strive to break through the national system that restricts development.While ensuring the achievement of the stated goals of sustainable development,China should transform passive responses into active participation,and strive to become a leader in international legal regulation of global cross-border data flows,effectively safeguard China's data security and core interests,and achieve national data governance.The modernization of systems and governance capabilities contributes to China's wisdom and power will build a community of shared future for mankind and promote the full recovery of the world economy.