The Study On The Exception Clauses Of Cross-Border Data Flows In RCEP

With the emergence of the Internet of Things,Cloud Computing and other new technologies,international political,economic and cultural interactions are deepening and the volume of data flows among countries has exploded,which means data cross-border flows have become an inevitable need.The Regional Comprehensive Economic Partnership Agreement(RCEP),the most important regional free trade agreement which China has participated in,has made groundbreaking clauses for cross-border data flows and China has also transformed from a bystander to a major promoter of digital trade liberalization.While taking the “free flow of data across borders” as a principle,RCEP sets up the exceptions of “legitimate public policy objectives” and “essential security interests” for free flow of data across borders.However,the ambiguity of the exceptions leads to uncertainty in their application and implementation.Therefore,how to interpret and judge the exception clauses is the key to determining whether China can successfully invoke exception clauses to exempt the obligation of free flow of data across borders under RCEP.Based on this,the justification of RCEP exception clauses is analyzed,which is based on maintaining the stability of RCEP legal system,data sovereignty priority,the inclusiveness and remedy of the rule of law,with its rationality and progressiveness of taking data sovereignty protection as the core,breaking through the existing global regulation pattern of data flows across borders,respecting the pluralistic demands of different parties and realizing inclusive multilateralism.This paper focuses on the specific exception clauses of RCEP rules of cross-border data flows and clarifies the meaning,scope and application conditions of “legitimate public policy objectives” and“essential security interests” exceptions by referring to WTO exception clauses and dispute settlement cases.Accordingly,in view of the current situation of China’s data cross-border flows,this paper,taking the invocation of exception clauses in China as the entry point,points out the shortcomings and proposes adjustments in aspects of foundation and prerequisites,internal cohesion and improvement,and external coordination and cooperation,so as to ensure the validity of China’s domestic regulatory measures of data cross-border flows under RCEP and achieve a win-win situation for both data flow and data protection.