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Research on Cross-border data Flow regulation system - Focus on China's legislation and response -

  • Journal of International Business Transactions Law
  • Abbr : IBT
  • 2020, (30), pp.75-103
  • DOI : 10.31839/ibt.2020.07.30.75
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law > Private Law > International Commercial Transactions Law
  • Received : June 30, 2020
  • Accepted : July 31, 2020
  • Published : July 31, 2020

CHEN DAPENG 1

1中國 西南政法大學

Accredited

ABSTRACT

The regulation of cross-border data flow has developed for more than 30 years, and two regulatory systems led by the European Union and the United States have been evolved. The differences between the two regulatory systems in terms of historical traditions, legislative purposes, and regulatory paths make the global governance of cross-border data flows a difficult problem. But even so, the United States and Europe have compromised and merged with each other. The “Safe Harbor Agreement” and the “Privacy Shield Agreement” signed have opened windows for international cooperation and provided a good reference for data legislation in other countries. In recent years, China has strengthened legislation on cross-border data flow. It is important to learn from European and American experience and adhere to the legislation and supervision concepts of “data security protection” and “promoting data utilization” simultaneously. The development and utilization of data should be used to promote data security, and to ensure the development and utilization of data and development of the industry with data security. At the same time, it is necessary to increase the level of corporate compliance, promote corporate self-discipline, actively carry out international cooperation, participate in the formulation of international rules, and explore the possibility of joining the cross-border data flow control system led by the US and Europe.

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