Study On The Exception Clauses Of Legitimate Public Policy Objectives In The Regulation Of Cross-Border Data Flow Of RCEP

On January 1,2022,RCEP officially came into force in China.Paragraph 3 of Article 15 of the e-commerce chapter of Chapter 12 of RCEP is the first time that China has included the exception clause of legitimate public policy objectives in the cross-border data flow regulation in FTA.The current regulatory model of data localization in China is consistent with the concept of the exception clause of legitimate public policy objectives in the regulation of cross-border data flow in RCEP.Through the analysis of the exception clause of the legitimate public policy objectives of RCEP,it is not difficult to find that the exception clause has three problems: unclear definition of the meaning,vague application conditions and difficult dispute settlement.In order to make the RCEP exception clauses better provide the basis for the legitimacy of China’s domestic regulation of cross-border data flows,lay the foundation for China’s accession to the CPTPP and DEPA,and meet the important pursuit of the regulation of cross-border data flows,we can explain the connotation of legitimate public policy objectives by referring to the interpretation principles of the Vienna Convention on the Law of Treaties,and determine the extension of public policies in combination with the needs of the field of cross-border data flows;Examine the applicable conditions through the fourth order theory of the principle of proportionality and WTO cases;By recognizing the litigability of the exception clauses of legitimate public policy objectives on the condition of reciprocity,disputes can be effectively resolved.At the same time,the conclusion drawn by comparing the RCEP exception clause with the exception clause of legitimate public policy objectives in CPTPP,DEPA and USMCA has some inspiration for China to sign other FTA in the future.