Research On The Legal Rules Of Data Transmission In Cross-border E-commerce

The way of doing business now is greatly changed by the internet.All the steps including negotiation,payment,even delivery could be done online.This new type of business is electronic commerce.The basic notion of electronic commerce can be summarized as commercial context,goods and services,(tele)communication,business transactions.On the basis of theses concepts,the definition of the e-commerce could be: any business transaction concerning goods and services,including relating commercial activities,where participants are not at the same physical location and communicate through electronic means.According to the definition,we can know that the participants located at different places need to exchange their information for the purpose of reaching the transaction.When the merchants are from different countries,the data which is necessary for the business should be transferred cross the border.A company which can do business successfully must have an excellent data transmission system.The affiliates of this company share the information resources,analyzing them and making the best plan to sell goods or provide service.Just like the merchants say “information is money”.During the whole process of e-commerce,the personal information is mostly involved here.Spread of this information will easily violate the right of privacy.Free data flow may cause some serious problems towards the personal privacy,even national securities.Therefor so many countries enacted the law to restrict the data transmission,regardless the negative effects on the electronic commerce.No matter what the law or convention is,encouraging or restricting the data transmission,they all have their own reasons and backgrounds.With the rapid development of E-commence,the urgent demand for the freedom of trans-border data flow is drawing people's attention.Cross-border Data Transfer is combined more and more closely with the E-commence.In this article,we will analyze the related conventions and laws to figure out the balance between the the protection of privacy and the freedom of cross-border data flow,in order to promote the electronic commerce and make a proposal about enacting our own Chinese data transfer law to solve the data flow issue.