Research On The Legal Issues Of Regulating The Cross-border Flow Of Data In China

The 21 st century is an era of high information technology,the digital economy and digital trade have ushered in vigorous development,gradually becoming a major form of economic development and a new driving force for all countries.General Secretary Xi Jinping has repeatedly stressed on several occasions the significance of developing the digital economy and digital trade as a strategic choice to grasp the new opportunities of the new round of technological revolution and industrial change.The development of digital trade and the digital economy has given impetus to the cross-border flow of data,and virtual data is having a profound impact on social change.As we enter the digital era,the relationships arising from the integration of the real world and the virtual world,as well as the social relationships in the virtual world,have also become social relationships that need to be regulated by law.The flow of data across borders is now a major trend and a prerequisite for realising the benefits of digital transformation.The cross-border flow of data brings with it opportunities as well as new risks,which the law should respond to in a timely and positive manner.Data of all kinds is vulnerable to leakage,misuse and destruction due to imperfect regulatory systems,and illegal cross-border data flows not only damage the legitimate rights and interests of private subjects,but also threaten national security and social interests.Therefore,many countries and international organisations have recognized the economic benefits brought by cross-border data flows on the one hand,and adopted legislation to improve the regulation of cross-border data flows on the other,actively participating in the formulation of relevant international rules to protect national security,commercial interests and citizens’ rights and interests,and minimise the risks brought by cross-border data flows.How to regulate the cross-border flow of data is a key and difficult issue of concern to the legal theoretical and practical communities.The reality is that China has already built a data security system with ”the Network Security Law”,”the Data Security Law”,”the Personal Information Protection Law”as the mainstay,supplemented by administrative regulations,local regulations,departmental rules and normative documents.However,in the face of the exponential growth in the volume of cross-border data flows,it is too weak to regulate through existing laws,rules and regulations alone,and the rules for the regulation of cross-border data flows should be further improvements.This paper focuses on the regulation of cross-border data flows,and outlines the legal problems in each of the three areas of legislation: data classification and grading management,localised data storage,and data exit security assessment.It also analyses and draws on the legislative practices of the United States,Japan,the European Union and the Asia-Pacific Economic Cooperation on the regulation of cross-border data flows,and draws useful lessons for our use.Finally,on the basis of China’s national conditions and respect for the objective laws of digital economy development,we propose targeted countermeasures in three aspects: reconstructing the data classification and grading management system,optimising data localisation storage standards and improving the data exit security assessment system,so as to build a scientific and coordinated regulatory system for cross-border data flows,seek a dynamic balance between development and security,and achieve cross-border data governance in line with economic growth needs.This will help to achieve a dynamic balance between development and security,so that data governance across borders can be adapted to the needs of digital economic growth,and ultimately achieve good law and good governance in the regulation of data across borders.