Application Of International Trade Agreement Exceptions In Cross-Border Data Flows

In recent years,with the development of digital commerce,cross-border data flows have become the new normal in the digital economy,while the problems that cross-border data flows pose for digital commerce have also attracted attention.The regulation of cross-border data flows in a global context is first and foremost a question of balancing the free flow of data with data protection.Under this general trend,international and regional organizations are seeking to formulate a normative legal document to regulate the status quo of data development,and the exception clause as a flexible rule can maintain a certain stability to public policy and public order,and has a certain coordination function,so the exception The exception clause has become an important element in the regulation of the free flow of data across borders.In the present society,various multilateral and regional trade agreements have set different exception clauses and the rules of application of each exception clause,and the degree of application to different regulatory objectives is different,and the degree of coordination is also different.From the objective level,the process of applying exception clauses in practice has certain advantages,and the rules of exception clauses should be set reasonably according to the real situation.Since the current international status quo,China’s participation in building standards for cross-border data flows has become an inevitable trend.Therefore,by understanding the application of exception clauses in other multilateral and regional trade agreements,China should clarify how the exception clauses are applied in existing trade agreements,seek appropriate institutional coordination according to the national digital rule of law,improve the national data legal framework,actively strengthen cooperation with relevant countries in digital trade,promote the improvement of China’s digital economy and trade legal framework,and realize the lenient development of China’s rule of law system.