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Study On Legal Regulation Of Cross-border Data Flow In Digital Trade

Posted on:2022-12-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y S LiFull Text:PDF
GTID:2506306764990179Subject:International Law
Abstract/Summary:PDF Full Text Request
Today,when digital trade is popular all over the world,cross-border data flow is related to the development of digital trade and has become a matter of concern to countries.In order to formalize the data flow of cross-border data flow in digital trade,countries have adopted legal regulations to control this activity,and its deeper purpose includes the use of data to develop the economy,maintain national security and protect human rights.However,due to the different value orientations of legal regulations in various countries,the specific content of legal regulations is also different,and more importantly,many cross-border data flow control measures are set up in the legal regulations of various countries,resulting in the emergence of cross-border data flow barriers in digital trade.The specific legal regulations vary from country to country and the value orientation varies greatly.With its strong technological prowess and economic hegemony,the United States demands the free flow of cross-border data in digital trade.The EU member states represented by the United Kingdom strictly control the flow of personal data for the protection of human rights and personal data.Developing countries represented by our country focus on protecting national security and human rights,and have adopted stricter control measures for cross-border data flow.The regulation of cross-border data flows in digital trade by some bilateral or regional trade agreements is also influenced by these countries.For example,KORUS,USMCA and CPTPP led by the United States have obvious American characteristics of the free flow of crossborder data,DEA led by the United Kingdom focuses on regulating the cross-border flow of personal data,and RCEP has obvious characteristics of developing countries.At present,it is difficult for WTO rules to realize the regulation of cross-border data flow in digital trade.The reason is that the regulation of trade by WTO rules is based on the commodity classification table and the service trade commitment table of each member state,while the data and Digital goods are not included in the commodity classification table and the service trade commitment table of each member state.The cross-border free flow of data is related to the liberalization of digital trade.The crossborder data flow control measures set by different countries and the cross-border data flow legal regulations with different rules are not conducive to the construction of a global unified digital trade market.Therefore,countries need to review the rationality of their own cross-border data flow control measures,and reduce unreasonable restrictions on cross-border data flow in digital trade while maintaining necessary domestic interests.In addition,all countries should adhere to the formulation of globally-led cross-border data flow rules under the WTO framework,adhere to the principles of facilitating the free flow of data,safeguarding domestic reasonable interests,and promoting the participation of countries at different levels of development,and promote the unification of international rules for cross-border data flow in digital trade.
Keywords/Search Tags:Data flow control, Digital trade, Cross-border data flow control measures, Legal regulation
PDF Full Text Request
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