Research On Legal Regulation Of Cross Border Data Flow In China

China is seriously lacking in the regulation of cross-border data flows,especially the lack of clear rules on cross-border data flows and cross-border cooperation,making it difficult for China to deal with data unilateralism and hegemony.Based on the international perspective,it is difficult to apply the traditional principles of personal,territorial,and protective to data jurisdictional determinations.Data jurisdictional determination is more complex,and it is difficult to "nationalize" data through physical means.The enactment of the EU GDPR and the US CLOUD Act reflects the ambition of data technology powers to occupy global data resources and the future development trend of data jurisdiction legislation in various countries.However,to realize data flow,maintain data security and win data benefits,the expansion of jurisdiction is not a panacea.The realization of data flow and even data sharing requires cooperation among countries in order to achieve the purpose of competing for "data jurisdiction" and obtaining the highest value of data flow.Focusing on China’s legislation,although China has formed a data protection framework system led by the Data Security Law,the provisions on cross-border data flow are relatively principled and general,and it is difficult to deal with disputes and differences in cross-border data flow.Therefore,on the basis of clarifying the concept,characteristics,theoretical basis and current status of regulation of cross-border data flow,it is necessary to analyze the shortcomings of legal regulation of cross-border data flow in China.On the basis of analyzing the experience of legal regulation of cross-border data flow in foreign countries,we put forward suggestions for improving the legal regulation of cross-border data flow in China,so as to provide a feasible path for China’s integration into the global data governance system and strive for China’s discourse and dominance in international data governance.First,the basic concept of relative data localization should be adhered to,the risk examination in the construction of cross-border data flow rules should be strengthened,and China’s future legislative ideas and concepts should be clarified.Second,the legislation related to cross-border data flow in China needs to be further refined,especially the data classification and grading system should be refined,the interests of data subjects should be strengthened,the data localization system should be implemented,and the cross-border flow of data should be guided by a white list in an orderly manner.Thirdly,we should promote the cooperation between China and foreign countries on cross-border data flow,strive for the internationalization of cross-border flow rules that are conducive to the development of China’s data industry,and provide legal support for China’s enterprises to carry out data trade.Thus,the legal regulation of data cross-border flow should be comprehensively promoted to "escort" the development of data economy.