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The Research On The Legal Supervision System Of Data Outbound Rules In China

Posted on:2022-12-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y F YanFull Text:PDF
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In the process of economic globalization,the driving force brought by data gradually increases,and with its unique dynamic flow characteristics,it brings more abundant outbound is an important part of cross-border data flow.Faced with the exponential growth of cross-border data flow and China's status as a big country in data volume,how to avoid risks and ensure benefits in the process of data outbound is an urgent topic to be discussed,so it becomes increasingly important to regulate data outbound.At present,China has basically formed the legal framework of data outbound,mainly composed of network Security Law,Data Security Law and Personal Information Protection Law,but its supporting measures are not perfect.In terms of legal system,numerous departmental regulations are reflected in various industries,and the standards,methods and emphases of data outbound supervision and regulation are not uniform among various industries.In contrast,the GDPR of the European Union and the Cloud Act of the United States are hot topics in global data governance.First,due to the large economic size of the European Union and the United States,data research and legislation process is early.Second,they represent two different types of regulation modes of cross-border data flow.The EU's GDPR is known for its rigour,while the US advocates the free flow of data with an emphasis on ex post facto regulation.In terms of legislation in our country,although the process is relatively late start,but digital economy booming,combined with the policy guidance,to monitor data outbound regulation is inevitable,the question now is how to balance both the relationship between security and development,if the sound system of supervision system,how to effectively solve the corporate compliance requirements,in the face of the complex international background,As a big country of data volume,what Angle can China push forward from?One is the need to rely on the legislation idea innovation,consider the balance of the state's overall security and economic benefit,the second is for scattered under the regulatory system of functions and powers,evaluation rules of fuzzy problems such as strengthening legislation,3 it is saving the cost of compliance for the enterprise,design compliance paths,four from the perspective of data management,promote the international level of agreement,play a great power data.For the above contents,this paper is divided into four chapters:Part ONE: Overview of China's data outbound legal regulations.This part firstly discusses the concepts related to data outbound and elaborates its classification,including personal data and non-personal data,especially personal data and important data.According to the concept of data outbound,the theoretical basis of digital sovereignty and data value is explored respectively.Part two: the status quo of legal supervision of data outbound in China.This part sorts out and analyzes the current data outbound legislation in China by taking legal class as the order.Meanwhile,it makes an in-depth analysis of the current status of data outbound legal supervision in China by taking "Huada Science and Technology" case and "Didi Chuxing" case respectively.The main problems existing in China's data outbound legal supervision and regulation include: the concept of security and development is not well reflected,the supervision system is not perfect,the enterprise compliance model is lack,the cost is high,the international level is lack of rules,China's lack of cooperation and so on.The third part: the overseas investigation and enlightenment of data outbound legal regulation.This part mainly discusses the legal regulation and supervision mode of data outbound in THE EU and the US,tries to analyze the Tik Tok incident and the Google punishment case,and explores the characteristics of the legal regulation of data outbound outside the country,and concludes that it has the characteristics of strict data processing transparency,mature standard contract and high degree of industry self-discipline.The fourth part: suggestions on improving the legal regulation system of China's data outbound.This part puts forward five suggestions in view of the problems existing in the legal supervision of data outbound in China.The second is to improve the supervision system,establish effective,specific safety review and evaluation methods;The third is to protect enterprises and design compliance examples of outbound enterprises;Fourth,to bridge the digital divide,explore cooperation mechanisms with other countries,and promote the establishment of governance rules and mechanisms for cross-border data flows at the international level.
Keywords/Search Tags:Data outbound rules, Regulation, Data sovereignty, Data governance, Cross-border data flow
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