中国数据跨境流动规则的新进展及趋向

Abstract

In the era of digital economy, data has become its core, and almost all cross-border trade and investment involve cross-border data flow. In order to promote the healthy development of digital economy, every country is speeding up the construction of its own digital cross-border flow rules, and the basic framework of China's cross-border data flow system has been formed. However, economic entities such as Europe and America have tried to dominate the construction of global data cross-border flow rules, resulting in the “fragmentation” of global data cross-border flow rules. Considering the development needs of digital economy in China, it is necessary to learn from international rules and experience, and to make an effort to establish governance rules around major issues such as cross-border data flow, so as to promote international cooperation. At the same time, in order to break the institutional constraints of the international law discourse system of cross-border data flow dominated by western countries, to promote the pluralistic opening trend of cross-border data flow regulation, and to enhance China’s institutional discourse power in the process of building international rules of cross-border data flow, it is necessary for China to implement the “China Model”. As a trustworthy and responsible country, under the circumstances that the regulatory framework of cross-border data flow has been formed, China should be guided by Comprehensive National Security Concept, to improve the domestic rule of law by learning useful experience from the process of constantly promoting the coordinated development of domestic rules and international rules； And China should also take the principle of extensive consultations, joint contribution, and shared benefits as the basic principle, to promote international cooperation and enhance the international discourse rights. At the same time, China should seek more opportunities in the process of coordinated development of domestic rules and international rules, strengthen international cooperation by signing bilateral and multilateral agreements. And China should clearly express Chinese solutions, so as to seek more allies for the proposition of China’s cross-border data flow rules, and promote the formation of “China Model”.