Analysis Of The Governance Path Of Cross-border Data Flow

At present,cross-border data flow has been developed to super surplus from scarce owing to digital information technology,and human society has entered the digital era.People are already in a society where data and its effects are ubiquitous,from politics to art,from business to science.The flow of goods and capital is giving way to cross-border data flow,which is not only the main driving force of economic globalization,but also characterizes new globalization.While cross-border data demonstrates huge economic value,it also brings a series of challenges,among which data security and data sovereignty issues are particularly prominent.To cope with these problems,many countries and regions have made positive progress in cross-border data governance.This article introduces EU's data security-based General Data Protection Regulation,and U.S.'s Clarifying Lawful Overseas Use of Data Act(or Cloud Act),which is intended to promote cross-border data flow and maintain its data sovereignty advantages,and China's Draft Data Security Law and Personal Information Protection Law,which emphasize the localization of cross-border data and guarantee data security.While the EU,the United States and China have introduced their own cross-border data governance policies,they have also had bilateral and multilateral cooperation to promote the flow of cross-border data.However,due to different theoretical propositions,values,and regulations in data governance between parties,the Safe Harbor between EU and the U.S.for improving data security and promoting cross-border data flow has expired.The competition in cross-border data between China and the United States is ever more severe to maintain their own data sovereignty.For a more effective response to crisis in digital era,China and EU are seeking digital economy cooperation at all levels,and which helps alleviating the negative impact of sensitive topics,about geopolitics,for example.This paper holds that,as cross-border data develops very rapidly,and becomes more global and flowable,its flow shows three trends: multipolarization of regulation,intensified data competition,and widening data gap.China should consider addressing these challenges both at institutional and power levels.At institution level,on the one hand,it should improve cross-border data supervision and data security system to ensure its own compliance;on the other hand,it should actively strengthen bilateral and multilateral coordination with other parties to see the integration of domestic data governance regulation with that of international community.At power level,China should improve its governance standards for cross-border data flow to gain more data discourse power.