With the rapid development of Internet technology,digital economy is becoming more and more global.Cross border data flow is gradually becoming the driving force of global economic development.It creates economic value for individuals,enterprises and countries.More and more countries begin to pay attention to the problem of cross-border data flow.By analyzing the research status of cross-border data flow at home and abroad,we can find that cross-border data flow brings huge economic benefits,but also produces many problems,such as national security,digital economy development,personal privacy,intellectual property rights.These are unavoidable problems in the cross-border flow of data.In order to solve these problems,it is necessary to make a thorough analysis of the regulation mode of cross-border flow of data in various countries.At present,there are great differences in the regulation modes of cross-border data flow in different countries,and it is difficult for the international rule of law to centralize and unify the control of cross-border data flow.In the process of WTO e-commerce negotiations,many countries have raised objections to the cross-border flow of data.Focusing on the regulation model of cross-border data flow advocated by China’s special law,the regulation model of cross-border data flow based on scattered cases in the United States,the regulation model of cross-border data flow based on security supremacy in Russia,the regulation model of cross-border data flow based on local protection in the European Union and the suggestions of various countries in the WTO e-commerce negotiations,this paper attempts to construct new rules of cross-border data flow.At present,the establishment of a unified WTO digital infrastructure is the best choice to build cross-border data flow rules.It is also essential to promote standardized e-commerce data localization and clarify the national security exception clauses of digital economy.National security exception clauses can not only maintain their own data security,but also respect the rights of other countries.The introduction of security evaluation mechanism can make the cross-border flow of data more secure,and the supervision mechanism can prevent the infringement of personal privacy and intellectual property rights.Because of its own demographic characteristics,China occupies an important position in data processing,and the established rules of data cross-border flow regulation are often more representative and practical than other countries.China can share relevant experience and promote cross-border data flow. |