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Study on Compliance of Cross-Border Transfer of Corporate Data Following the launch of China's “3 Acts Regarding to Data”

  • Journal of International Business Transactions Law
  • Abbr : IBT
  • 2021, (35), pp.159-198
  • DOI : 10.31839/ibt.2021.10.35.159
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law > Private Law > International Commercial Transactions Law
  • Received : September 14, 2021
  • Accepted : October 20, 2021
  • Published : October 31, 2021

CHEN DAPENG 1 CUI JIEJIE 2

1中國 西南政法大學
2동아대학교 대학원 국제법무학과

Accredited

ABSTRACT

With the data economy’s burst growth, especially digital trade, restrictions on cross-border data transfer are being reinforced by countries around the world. However, the objectives of migration policies in different countries determine the differences in their strictness and specific restrictions. For example, to set target policies to ensure security of data sovereignty and network, only strict limits can be imposed on data cross-border migration. According to these policy objectives, the scope of data required to be stored and supervised and managed is also larger, which will get much negative effect on the operation of the enterprise. It’s necessary to probe into the enterprise business solutions and technical methods and propose a law compliance program. In contrast, setting citizens' personal information protection' policy goals not only retains more exceptions and legal transfer channels, but also only involves personal data. Enterprises can choose the appropriate legal channels according to their own needs. According to the Data Security Law implemented in September 2012, the Personal Information Protection Law implemented in November and the Cyber Security Law promulgated in 2017, it can be predicted that China will impose strict restrictions on cross-border data of enterprises. In the process of formulating the above-mentioned “Three Data Laws”, although the legislative experience of the United States and Europe was fully used for reference, the cross-border migration of enterprise data brought great obstacles due to over-emphasis on data sovereignty and national security. At the same time, the digital economy based on the Internet not only needs to use digital technology to develop product technologies, but also to ensure a new information circulation order through a worldwide network. Under the background of a new economic model that transcends existing time and space, China should Think about how to balance data security and digital industry development. In order to solve these problems and protect corporate data by setting corporate data rights, it is necessary to modify the individual laws related to data, actively participate in international cooperation, and ensuring the order of cross-border data transfer is also a good way.

Citation status

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