Research On The Exception Clause Of Cross-border Data Flow In The USMC

With the advent of the era of digital economy,the huge economic contribution of data to trade and investment is obvious to all countries in the world.As the existing WTO rules can no longer meet the needs of practical development,countries have signed or updated the original digital trade rules in order to cope with the complex global cross-border data flow economic development situation.As an important part of cross-border data flow rules,the exception clause of cross-border data flow provides legal basis for countries to restrict cross-border data flow and harmonizes the contradiction between trade liberalization and safeguarding national sovereignty and public policies.At present,relevant researches in the field of cross-border data flow mainly focus on the global governance of legal regulations on cross-border data flow,the application of WTO exception clauses in digital trade and the protection of personal data in cross-border data transmission.No scholars have conducted specialized researches on the exception clauses in the cross-border data flow of the US-Mexico-Canada Agreement.In this paper,the particularity and development trend of the exception clause of the US-Mexico-Canada Agreement on cross-border data flow are explored through an in-depth study of the exception clause of the US-Mexico-Canada Agreement on cross-border data flow,in order to provide some thoughts on improving the rules of cross-border data flow in China.In this paper,relevant concepts of the cross-border data flow exception clause are defined first,and the exception clause of the US-Mexico-Canada Agreement on cross-border data flow is defined as the basic security exception and the public policy objective exception.Then,the origin of the exception clause of the US-Mexico-Canada Agreement on cross-border data flow exception clause is sorted out and the legal,coordinating and economic functions of the exception clause are explained.Secondly,it analyzes the exception clause of the US-Mexico-Canada Agreement on cross-border data flow.This paper discusses the connotation of basic security interests from the perspective of context,historical dimension and the application of security exception clause in practical cases.Specifically explain the three components of the exception of public policy objectives: objectiveness,proportionality and not constitute arbitrary or unreasonable trade restrictions,and further analyze the internal system and external system of the exception clause.This paper again compares and analyzes the similarities and differences between the general exception provisions and the special exception provisions of the US-Mexico-Canada Agreement,GDPR,CPTPP and RCEP on cross-border data flow.By analyzing the WTO case of security exception: Russia’s embargo measures case,the national security case of cross-border data flow between China and the United States Tik Tok case,and the public policy objective exception case of the European Community asbestos case,the differences and similarities between the exceptions of the US-Mexico-Canada Agreement and the cross-border data flow exception of GDPR,CPTPP and RCEP are summarized.Finally,starting from the legislative concept of Chinese cross-border data flow,the data localization system,data exit security assessment system and data classification protection system are analyzed in detail.By comparing the differences between the exception clause of cross-border data flow and the US-Mexico-Canada Agreement,the author draws some enlightenment on improving the legal regulation of cross-border data flow.In the legislative concept,we should give consideration to the "data sovereignty" and "data freedom",and clear the basic security interests,improve the data necessity evaluation system and data classification protection system,and export the standard of personal information protection in order to provide strong legal support for the development of digital trade.In this paper,relevant concepts of the cross-border data flow exception clause are defined first,and the exception clause of the US-Mexico-Canada Agreement on cross-border data flow is defined as the basic security exception and the public policy objective exception.Then,the origin of the exception clause of the US-Mexico-Canada Agreement on cross-border data flow exception clause is sorted out and the legal,coordinating and economic functions of the exception clause are explained.Secondly,it analyzes the exception clause of the US-Mexico-Canada Agreement on cross-border data flow.This paper discusses the connotation of basic security interests from the perspective of context,historical dimension and the application of security exception clause in practical cases.Specifically explain the three components of the exception of public policy objectives:objectiveness,proportionality and not constitute arbitrary or unreasonable trade restrictions,and further analyze the internal system and external system of the exception clause.This paper again compares and analyzes the similarities and differences between the general exception provisions and the special exception provisions of the US-Mexico-Canada Agreement,GDPR,CPTPP and RCEP on cross-border data flow.By analyzing the WTO case of security exception: Russia’s embargo measures case,the national security case of cross-border data flow between China and the United States Tik Tok case,and the public policy objective exception case of the European Community asbestos case,the differences and similarities between the exceptions of the US-Mexico-Canada Agreement and the cross-border data flow exception of GDPR,CPTPP and RCEP are summarized.Finally,starting from the legislative concept of Chinese cross-border data flow,the data localization system,data exit security assessment system and data classification protection system are analyzed in detail.By comparing the differences between the exception clause of cross-border data flow and the US-Mexico-Canada Agreement,the author draws some enlightenment on improving the legal regulation of cross-border data flow.In the legislative concept,we should give consideration to the "data sovereignty" and "data freedom",and clear the basic security interests,improve the data necessity evaluation system and data classification protection system,and export the standard of personal information protection in order to provide strong legal support for the development of digital trade.