Research On Legal Issues Of Data Localization Under Cross-border Data Flow

Nowadays,with the reform and innovation brought by the scientific and technological innovation of Internet,the rise of Internet industry has promoted the development of international trade to the direction of liberalization and electronization.The large-scale and large-batch cross-border data flow not only means higher economic business value,but also signifies higher regulatory demand.The traditional trade industry has carried out digital reform and innovation.The new economic development mode of cross-border data flow has broken through many constraints such as national information sovereignty boundary,data security protection and privacy and so on.Therefore,the rapid development of global digital trade and Internet science and technology makes the cross-border data flow has become the norm behavior and conditions of digital economy,and the data localization measures have gradually become a highly controversial and concerned hot issue in the international community under the regulation of cross-border data flow.Therefore,various countries have also constructed relevant legal rules of digital trade,but there are significant differences in the choice of data localization measures based on the maximization of regulatory benefits and the consideration of different interests of individual development.The United States stands for opposing data localization measures and supporting data cross-border free flow,while the European Union emphasizes the privacy protection and regional security and other aspects.Hence,the data that has an impact in relevant fields are more inclined to data localization measures.More developing countries prefer to data localization,including China.Based on the premise of considering data security and economic development,China adopts data localization measures to determine part of the data in the way of data classification.Data localization was put forward as early as the beginning of the 20 th century until now,due to its significant influence on national information sovereignty,personal data security,privacy protection and industrial investment and development and others.The academic circles have been fighting against and supporting the views.Under the background of new digital economic development era,the standard of how to carry on supervising the data localization under cross-border data flow is bound to change with the emergence of new digital trade under Internet science and technology.That is why the value of its theory and the different attitudes and law formulations adopted by different countries and the application of relevant data localization legislation and supervision in China all have more significance for development and discussion.Therefore,the core issue of this paper is to discuss the legal issues of data localization in China,which mainly focuses on the legal issues of data localization measures and accountability clauses stipulated in Articles 37 and 66 of the current Cybersecurity Law,and uses comparative law to analyze the legal provisions of data localization in various countries and regions.Subsequently,in view of the current situation of data localization in China,it proposes some suggestions on how to use for reference and improve the Chinese data localization.In addition to the introduction,this paper is principally divided into four chapters.The first chapter generally introduces the current situation of data localization under the background of cross-border data flow,which is divided into two parts.The first part mainly introduces the current situation of data localization legislation in domestic and overseas.First of all,it expounds the legislative background of data localization,clarifies the legislative purpose and the choice of value orientation of data localization in China.Secondly,it chiefly discusses the path selection of relevant cross-border data flow regulations.Ultimately,it primarily discusses the current situation of data localization legislation in China.Moreover,the second part mainly analyzes the problems of data localization in China.Primarily,it interprets the Article 37 and Article 66 of the Cybersecurity Law,and then summarizes the specific problems existing in the legislation of data localization in China,which paves the way for the analysis of the next three chapters.The second chapter principally analyzes the scope of the principle of data localization,which is primarily divided into three parts by layer-layer progressive writing technique.First of all,it mainly expounds the specific problems existing in the scope of the principle of data localization in China from the perspective of the subject of data localization obligation and the content of data localization object.Secondly,it profoundly combines the comparative method to analyze the current international data sovereignty internalization in the private right mode and the direct participation of data sovereignty in localization mode from the international practice of the principle scope of data localization,and discusses the international experience with the influence factor of the difference of the coverage range of localized storage data.Eventually,it puts forward some suggestions for improving the principle scope of data localization in China from the perspectives of the definition scope of data localization subjects,data classification management and international cooperation.The third chapter mainly discusses the problems existing in the degree of data localization principle.First of all,it analyzes the specific problems existing in the principle degree of data localization in China from three aspects,which are the strictness degree of data localization storage,the exemption conditions of data localization and the accountability mechanism of data localization.Secondly,it principally summarizes the international experience of the thorough degree of data localization storage,the exemption conditions of data localization storage and the punitive measures of data localization.Finally,it improves the principle level of data localization in China,which uses the reference of the “accountability” principle,promotes the construction of industry self-discipline system,refines the exemption conditions of data localization storage and constructs the diversified accountability mechanism for data localization.The fourth chapter primarily discusses the problem of data localization exception requirements.First of all,it takes two perspectives of self-assessment results and effectiveness and data security assessment standards as the starting point to analyze the specific problems of law enforcement.Secondly,it introduces the international experience of the data exit security assessment mode,which are dominated by the government data regulatory agency,the third-party certification agency,the data obligation subject guarantee and the integration of multiple data exit security assessment modes.Eventually,it puts forward some suggestions on the improvement of data exit security assessment mode from three aspects,which are the data regulatory agency,third-party certification security assessment agency and bilateral or multilateral data exit agreements.