Research On The Legal Regulation Of Cross-border Flow Of Data Under The CPTPP Framework

China announced that it has actively applied for accession to the Comprehensive and Progressive Trans-Pacific Partnership Agreement on November 20,2020,which aims at the free flow of data across borders and has gradually become an international model for the rules of data flow across borders.In more than two years,China has promulgated the Data Security Law and the Personal Information Protection Law,which together with the Network Security Law constitute the framework system for the cross-border flow of data in China,but on the whole,the rules of cross-border flow of data are not perfect,and there is still a gap with the requirements of the free flow of the Comprehensive and Progressive TransPacific Partnership Agreement,which needs to revisit our rules on the basis of our basic national conditions.The Comprehensive and Progressive Trans-Pacific Partnership Agreement provides for the cross-border flow of data in Chapter 14,including the cross-border transfer of information by electronic means clause,location of computing facilities,encouraging the cross-border flow of data between the parties while setting a exception clause,allowing the parties to take exceptional measures under certain conditions that are inconsistent with the rules on cross-border flow of data,and in Article 29.2 also Article 29.2 provides for a security exception.Through the refined interpretation of the above-mentioned articles,it is helpful to further understand the overall rules of cross-border flow of data.Up to now,China has joined the Regional Comprehensive Economic Partnership Agreement and is in the process of joining the substantive negotiations of the Digital Economy Cooperation Agreement,both of which have relevant provisions on cross-border data flows.Comparing the rules of the Comprehensive and Progressive Trans-Pacific Partnership Agreement with those of the two agreements can provide reference for the improvement of Chinese rules.By analyzing the current situation of our data cross-border flow rules and comparing our data cross-border flow rules with the relevant rules of the Comprehensive and Progressive Trans-Pacific Partnership Agreement,we find that only our data cross-border secure gateway rules are not compatible with the rules of the Comprehensive and Progressive Trans-Pacific Partnership Agreement,so for our cross-border of data conforming to the Comprehensive and Progressive Trans-Pacific Partnership Agreement Therefore,we should continue to maintain and continue to improve the development of the rules of cross-border flow of data in line with the Comprehensive and Progressive Trans-Pacific Partnership Agreement,and actively address the issue of cross-border security gateway for data.On this basis,the following suggestions are attempted: On the premise of clarifying our concept of cross-border flow of data,we will improve our rules prohibiting cross-border flow of data and rules restricting cross-border flow of data.