Research On The Regulatory Mechanism Of Cross-border Data Flow Of Enterprises In China

Along with the vigorous development of new information technologies,such as the Internet and big data,and the advent of the digital economy era,data has become a core production factor for economic development and the cross-border flow of data has become a vital economic engine.Concerning the virtuality of cyberspace and the intangibility of data,if the states do not regulate the cross-border data flow activities,the rights and interests of individuals will be infringed,enterprises will suffer economic losses,and the security of national sovereignty and data sovereignty will be threatened as a result.Based on the scenario of cross-border flow activities of enterprise data,this paper conducts a study on cross-border flow activities of enterprise data and its regulation based on the latest research and views of scholars,introduces the research framework,and sets out the research methods and innovation points.Firstly,this paper displays a literary review of basic theories of enterprise data,introduces the current situation of cross-border flow of enterprise data,clarifies basic concepts and classifications of enterprise data,and explores and analyzes the legal attributes of enterprise data and the attribution of enterprise data rights.Secondly,it analyzes the necessity of regulating the cross-border flow of enterprise data in China,the main body of regulation and the source of its regulatory power from the perspective of national sovereignty.Then,by sorting out the current situation of legislation and law enforcement on the regulation of cross-border flow of enterprise data in China,the current regulatory deficiencies are summarized,including unclear regulatory subjects and their powers and responsibilities,unclear regulatory objects,and imperfect regulatory procedures.By drawing on the sound solutions of overseas countries on cross-border data flow regulation and combining the actual conditions and values of China,this paper proposes effective measures to solve the problems,such as establishing a sound cross-border data flow regulatory body with clear authority and responsibility,clarifying the scope of regulatory objects,improving all-round regulatory procedures,and creating a favorable international environment for cross-border data flow,so as to provide a reference for the construction of the regulatory mechanism of cross-border enterprise data flow with Chinese characteristics.