Legal Issues Research And Institutional Construction Based On Cross-border Data Flow

Against backdrop of multiple challenges to development of crossborder data flow,adopting the rule of law to resolve legal issues is jointly determined by positive value of cross-border data flow and notion of a community of human destiny.Cross-border data flow is a double-edged sword.On the one hand,it is an important element of global data economy and trade,on the other hand,it faces challenges of infringing personal information interests,derogating data security and threatening national security.In addition to the legal rights infringement issues,ambiguous strategic value of data sovereignty and lack of operational guidelines about data outbound security management scheme are theoretical and institutional issues.After identifying the characteristics of modernized data sovereignty,it is recognized that the key to solve legal issues of crossborder data flow is to construct a data sovereignty practice system and improve the data sovereignty capability from the perspectives of constructing an efficient domestic legal system and enhancing the dominance in international rules practice,respectively.At the level of domestic system construction,it’s important to focus on building the data outbound security management system,specifically,strengthening the design of data outbound security evaluation and the full-process data outbound security certification mechanism to ensure the safe and free flow of data and enhance the economic effect of cross-border data flow within secure legal framework.At the level of international rules practice,make full use of ’data harbor’ political advantages of Beijing and Shanghai International Big Data Trading Center to launch pilot work on cross-border data flow,accumulate Chinese rule of law experience and expand influence of Chinese solutions.In conclusion,by constructing data sovereignty practice system and data outbound security management system,it responds to the growing demand for data outbound development in digital industry and creates an overall secure and risk-controllable institutional environment for cross-border data flow.