| The development of the digital economy is changing with each passing day,and the conversion of personal data resources to assets is accelerating,which has sparked discussions on the issue of cross-border data flow around the world.With the signing of RCEP,the first rules that can be applied between China,Japan and South Korea were born.However,due to the large number of negotiating parties,a specific and high-level data cross-border flow cooperation mechanism could not be reached.As the three most important countries in East Asia,China,Japan and South Korea have close exchanges in the digital economy.However,due to differences in legislation,the potential of cross-border data flow has not been fully realized.Therefore,efficient cooperation has been reached between the three countries on cross-border data flow.Mechanisms will be necessary.For the exploration of the cross-border data cooperation model among the three countries,we first start with the WTO,which the three countries are mutually dependent on,and then discuss whether it is feasible to use the CPTPP rules,and then discuss the possibility of signing an FTA to regulate the cross-border flow of data.The specialized cooperation mechanisms in the cross-border flow of data can be mainly divided into two categories: the cooperation model represented by the CBPR in the United States and the cooperation model represented by the adequacy determination of the GDPR in the European Union.After analysis,it is concluded that China,Japan and South Korea have the ability to fully protect personal information.Therefore,it is better to adopt the EU’s whitelist cooperation model based on adequacy determination,and demonstrate the legitimacy of this approach.Under this kind of cooperation mode,efforts should be made to provide support and guarantee for the cooperation mechanism of cross-border data flow between the three countries from the perspectives of law,organization and policy. |
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