International Regulatory Research On Cross-border Data Flow

Along with the coming of the Information Era,the data flow has permeated every aspect of individual life and social administration.The rapid development of computer technology has promoted the cross-border data flow,which has also promoted the development of electronic commerce.As an important medium and important carrier of electronic commerce,the orderly and secure flow of cross-border data is closely related to the development of digital trade.The vigorous development of information technology has promoted cross-border data flow,greatly improved the value of data in the development of e-commerce,and provided practical opportunities for other countries to integrate,compare and analyze data.On the other hand,it brings potential threats and even harm.Currently,there is no international legal framework for cross-border data flows.The United States,the European Union,China and other countries have formulated their own regulatory methods according to their own level of e-commerce development.The US government advocates the free flow of cross-border data,while the EU emphasizes the full protection of personal privacy,while China,Russia,and some other countries,requires data localization to ensure the security of their data.Before the international control of cross-border data,countries have issued corresponding laws and regulations in order to protect their own data security.The laws of these countries are not formulated to promote the free circulation of cross-border data,and the laws of different countries vary,thus setting great legal obstacles to the circulation of data.In response to this situation,the United Nations,the OECD,the European Union,APEC and other international economic cooperation institutions have formulated a series of norms to regulate the cross-border flow of personal information.In this context,national legislation is often to ensure the security of data,while international legislation is often to promote the cross-border circulation of data,and there is an irreconcilable conflict between the two.With the rapid development of China’s cross-border data circulation rules,how to realize the mutual recognition between regions and ensure the breadth of cross-border data circulation through legislation is an urgent problem to be solved.Under the current international background,the establishment of a regulatory system for cross-border data flow can provide a legal basis and framework for cooperation among countries,and is also an important way to promote regional economic integration and promote the development of global digital economy.At present,the international rules of transnational data circulation have basically formed a global network of rules,but different countries take different measures for transnational data circulation,and the effect is also different.Therefore,it is necessary to in without affecting the existing international rules,clarify the influence of cross-border data flow mechanism and influencing factors,establish a set of dominated by countries,regional participation of cross-border data flow management system,so as to better promote digital economic cooperation between countries and regions,and to promote the data flow and use between regions.This thesis consists of five parts:In the first part,the author explains the background and meaning of this thesis,and points out that the regulation of cross-border data flow has become a common concern of the international community.By introducing the latest research status of the regulation of cross-border data flow at home and abroad,we focus on the definition of cross-border data flow and different positions of different countries,and finally sort out the innovation points of this thesis.In the second part,the definition,features and international regulatory principles of cross-board data flow are discussed in detail.The international regulation principles include four parts: the principle of proportion,the principle of public interest protection,the principle of public interest protection,the principle of personal privacy protection and the principle of trade liberalization,which provides a theoretical basis for the accurate formulation of cross-border data flow regulations.The third part introduces the threat of cross-border data flow and the significance of regulation.The threats of cross-border data flows include the impact on personal privacy,corporate interests,and national data security.The significance of cross-border data flow includes: protecting personal privacy,protecting corporate interests,and safeguarding national data security.The fourth part focuses on the analysis of regional agreements and foreign countries to cross-border data flow regulation and enlightenment to our country,which lists the international organizations,foreign countries for cross-border data flow legal status,summarizes the enlightenment of cross-border data flow regulation in our country,should accurately define the connotation of cross-border data flow at the same time,the legislation mode of our country,so as to further improve the regulation of cross-border data flow.The fifth part,based on China’s national conditions,puts forward some feasible suggestions on how to improve China’s cross-mirror data flow rules,including: establish a legal framework for cross-border data flow,encouraging cross-border data flow on the premise of security,improving the supervision system of data protection,and strengthening international bilateral and multilateral cooperation.