Study On CPTPP Data Localization Rules

The development of the global digital economy has brought new economic growth points.At the same time,due to differences in technological levels and the unbalanced development of data security systems in various countries,data security issues have become prominent.The potential economic value of data has forced some countries to adopt anti-globalization data.Localized measures to maintain data security as well as national security.In 2021,my country will formally submit an application to join the CPTPP,among which data localization rules will be a key issue.my country hopes to stimulate the vitality of the digital economy and improve the data protection legal system by joining this agreement.However,there are certain differences between my country’s data localization rules and CPTPP data localization rules.In order to reach the negotiation of joining the CPTPP,connect the CPTPP data localization rules,and make my country’s data localization rules and CPTPP data localization rules form a benign interaction.Based on this,this paper conducts a detailed study on the CPTPP data localization rules.In addition to the introduction and conclusion,it consists of five parts:The first part,"Overview of Data Localization",discusses data,the connotation of data localization;the emergence and theoretical disputes of data localization;and the general situation and purpose of data localization legislation.It points out the reasons behind the purpose of free flow of data across borders and the prohibition of data localization,which provides a theoretical basis and background support for the writing of the following article.The second part,"Analysis of CPTPP Data Localization Rules",starts from the development process of the clauses,and based on the CPTPP data localization rules,that is,Articles 14.11 and 14.13,according to the structure of general rules and special rules,it studies the data The background,interpretation and legal theory of the localization rules,combined with the cases DS285 and DS363 of the WTO Dispute Settlement Body,point out the requirements of the CPTPP data localization rules for contracting parties and the shortcomings of the rules themselves.The third part,"Parties’ application of CPTPP data localization rules",studies the application of existing CPTPP parties in terms of legislative purposes,general provisions,and special provisions,and points out the experience of the parties in the application of legislation and law enforcement.That is,the parties adhere to the purpose of free flow of data across borders,set up special regulatory agencies,limit the types of regulatory data,etc.,as well as the interpretation of the exceptions and the incompleteness of the legislative interface of the parties.The fourth part,"The challenge of CPTPP data localization rules to China’s data security",studies the legislative status quo of data localization in China,and analyzes the data localization rules according to the purpose,general clauses,special clauses,and the structure of ignoring data localization rules in FTA.Finally,it pointed out the challenges of CPTPP data localization rules for China: first,China has adopted a more prudent principle for data localization legislation;China is not clear about it;thirdly,there is a lack of exception interpretation and priority regulations for the special provisions of the CPTPP;fourthly,the lag in the application of data localization rules in the FTA: no data localization rules are applicable in the current FTA or similar terms.The fifth part,"The Enlightenment of CPTPP Data Localization Rules to my country’s Data Governance",proposes countermeasures and suggestions for the compliance of my country’s data localization rules under the CPTPP data localization rules.In terms of legislative purposes,my country should insist on equal emphasis on cross-border data review and free flow.In order to link up the general provisions of the CPTPP data localization rules,first,my country should integrate the existing regulatory agencies,with the help of the establishment of the National Data Bureau,to form a model that focuses on government supervision and third-party evaluation agencies cooperate;second,my country The scope of data types such as important data and personal data should be regulated,dynamic assessment and adjustment of relevant catalogs should be adopted,and pre-event,mid-event,and post-event supervision of security assessment procedures should be strengthened.In order to connect the special provisions of the CPTPP data localization rules,my country should improve the exception provisions,especially the interpretation of legitimate public policy objectives,and improve the provisions on the necessity of exceptions to meet the trend of CPTPP tightening the necessary self-determination rights of contracting parties.At the same time,for the three The order of precedence in which exceptions apply will be discussed.Regarding the applicable data localization rules in the FTA,my country should learn from the experience of countries such as Singapore,strengthen negotiations with countries related to the FTA,discuss the setting of data localization rules in the FTA,and maintain the consistency of the CPTPP data localization rules.Different "hard and soft" data localization rules are adopted for different situations in different countries.The conclusion of this article is: my country,as a big data country and the largest developing country,has its own particularity in data security issues.Therefore,it should be based on my country’s actual situation to connect CPTPP data localization rules,and refer to the beneficial experience of the contracting parties.That is to say,my country should adopt the tenet of cross-border review of data and free flow of data,and at the same time,through explanations of related terms such as legitimate public policy objectives,public order,public morality,and national security,while ensuring that my country’s national interests are not damaged,the data classification method should be improved.and security assessment procedures to ensure the legality of my country’s data localization measures under the exceptions to the CPTPP data localization rules.Finally,add and optimize data localization rules when signing and upgrading FTA,build a governance system of data localization rules in line with my country’s national conditions,and strengthen the international discourse power.