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The Study On The Legal Regulation Of Transborder Data Flow In China

Posted on:2022-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:S Y HuangFull Text:PDF
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Nowadays,a variety of cross-border services are increasingly frequent,and the cross-border flow of data is happening all the time,which has a profound impact on the global economy and trade.The exposure of "prism plan" in the United States has promoted countries to closely link cross-border data flow with national sovereignty security and personal information security policies.Countries attach great importance to the design of cross-border data flow systems,and actively balance the value conflicts between commercial interests such as economic growth and innovative development and data sovereignty and protection of personal data rights through a combination of localized data storage,data protection adequacy determination and data exit security assessment.Because of the different values and social traditions of different sovereign countries and regions,there are differences in legislation,forming two sets of regulatory systems which are led by the European Union and the United States respectively.The research on the legal regulation of cross-border data flow in China started relatively late.In recent years,although the laws,regulations and standards related to cross-border data flow,such as "Network Security Law","Information Security Technology:the Guide of Data Security Assessment","the Method of Personal Information Exit Security Assessment" have been published one after another,there is still much room for improvement.With the deepening of reform and opening up policy,and One Belt,One Road Initiative,under the global trend of promoting the free flow of cross-border data,building a complete legal regulation system for cross-border data flow has become an urgent problem in China.This paper takes "cross-border data flow" as the core issue and is divided into six chapters.The first to the third chapter is the introduction,the basic concepts and the theoretical basis of the discussion;The fourth chapter introduces the current situation and existing problems of the legal regulation of cross-border data flow in China.The fifth chapter takes the EU and the United States as examples to introduce the legislation and development status of cross-border data flow in typical countries and regions outside.Chapter VI,on the basis of learning from the excellent practices outside the region and combining with China's actual development and needs,puts forward some suggestions on the construction of cross-border data flow legal regulation system in China,in terms of the aspects of legislation,law enforcement,industry and enterprise participation and strengthening international participation.
Keywords/Search Tags:Data governance, Cross-border data flows, Data exit, Cross-border data retrieval
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