Research On Cross-border Data Flow Rules Under The Framework Of China-ASEAN Free Trade Area

The China-ASEAN Free Trade Area is the largest free trade area among developing countries,and the two sides are geographically close to each other and have natural advantages for cooperation.In recent years,China and ASEAN have continued to promote the in-depth alignment of the Belt and Road Initiative with ASEAN development strategies,accelerated the building of the China-ASEAN Community of Destiny,and established the China-ASEAN Strategic Partnership Vision 2030.China and ASEAN are working together to defend free trade,oppose protectionism,and strengthen cooperation in emerging areas such as the digital economy and e-commerce.2020 is the year of China-ASEAN digital economic cooperation.China and ASEAN have achieved fruitful results in e-commerce and other areas,among which the most prominent achievement is the Regional Comprehensive Economic Partnership Agreement(RCEP).With the rapid development of digital trade,the cross-border data flow has also become more frequent,and developed countries,led by the European Union and the United States,have been promoting the development of rules for cross-border data flow in their own interests,and have formed the European Union model,which focuses on the protection of personal data,and the United States model,which promotes the free flow of data across borders.In order to actively participate in the development of international rules on digital trade,China has also plunged into the cooperation of regional trade agreements,with a special chapter on e-commerce in Chapter 12 of the RCEP.This paper examines the legal aspects of the rules governing the cross-border flow of data in the China-ASEAN FTA,with a view to promote the free and secure flow of data across borders in the China-ASEAN FTA and facilitate the rapid development of digital trade and in-depth cooperation between the two sides.This paper introduces the background of the research and the significance of the rules of cross-border data flow in the China-ASEAN FTA,and summarises not only domestic but also foreign literature related to this selected topic,and introduces the research methodology and innovation points of this paper at the end of the introduction.In Chapter1,the paper explains the basic connotations of cross-border data flows in the framework of the China-ASEAN FTA,introduces the situation of cross-border data flows,the reasons for the emergence and development of the issue of cross-border data flows in international trade and economic treaties,and compares the rules related to cross-border data flows in the framework of the China-ASEAN FTA and the positions of China and ASEAN on the rules of cross-border data flows.The paper also reviews the position of China and ASEAN on the rules of cross-border data flows under the China-ASEAN FTA.In Chapter 2,the paper explains in detail the content of the rules on cross-border data flows under the framework of the China-ASEAN FTA in five aspects: clarifying the regulatory rights of the contracting parties,establishing the principle of free flow of data across borders,setting up exceptions for cross-border data flows,paying attention to the protection of personal information across borders,and providing for diverse dispute settlement methods.In Chapter 3,the paper discusses the shortcomings of the existing rules on cross-border data flows under the China-ASEAN FTA framework from three perspectives: inadequate protection of personal data flows across borders,risk of abuse of the exception clause,and difficulties in the application of dispute settlement.In Chapter 4,the paper proposes a Chinese solution to improve the rules on cross-border data flow under the China-ASEAN FTA framework,which is to improve the personal information protection regime by actively participating in international cooperation on cross-border flow of personal information and adding rules related to personal information protection,following the principles of good faith interpretation and proportionality when invoking the exception clause,and exploring the ways to improve the dispute settlement mechanism in the field of cross-border data flow,so as to promote the free and safe flow of data across borders,promote the high-quality development of digital trade in the China-ASEAN Free Trade Area,and strive for the right to speak in the formulation of international rules on cross-border data flow.