The Fourth Industrial Revolution has endowed the concept of state sovereignty with new era-specific connotations,leading to the emergence of the theory of data sovereignty.While countries refine their domestic legisla...The Fourth Industrial Revolution has endowed the concept of state sovereignty with new era-specific connotations,leading to the emergence of the theory of data sovereignty.While countries refine their domestic legislation to establish their data sovereignty,they are also actively engaging in the negotiation of cross-border data flow rules within international trade agreements to construct data sovereignty.During these negotiations,countries express differing regulatory claims,with some focusing on safeguarding sovereignty and protecting human rights,some prioritizing economic promotion and security assurance,and others targeting traditional and innovative digital trade barriers.These varied approaches reflect the tension between three pairs of values:collectivism and individualism,freedom and security,and tradition and innovation.Based on their distinct value pursuits,three representative models of data sovereignty construction have emerged globally.At the current juncture,when international rules for digital trade are still in their nascent stages,China should timely establish its data sovereignty rules,actively participate in global data sovereignty competition,and balance its sovereignty interests with other interests.Specifically,China should explore the scope of system-acceptable digital trade barriers through free trade zones;integrate domestic and international legal frameworks to ensure the alignment of China’s data governance legislation with its obligations under international trade agreements;and use the development of the“Digital Silk Road”as a starting point to prioritize the formation of digital trade rules with countries participating in the Belt and Road Initiative,promoting the Chinese solutions internationally.展开更多
The digital development rights in developing countries are based on establishing a new international economic order and ensuring equal participation in the digital globalization process to achieve people's well-ro...The digital development rights in developing countries are based on establishing a new international economic order and ensuring equal participation in the digital globalization process to achieve people's well-rounded development in the digital society.The relationship between cross-border data flows and the realization of digital development rights in developing countries is quite complex.Currently,developing countries seek to safeguard their existing digital interests through unilateral regulation to protect data sovereignty and multilateral regulation for cross-border data cooperation.However,developing countries still have to face internal conflicts between national digital development rights and individual and corporate digital development rights during the process of realizing digital development rights.They also encounter external contradictions such as developed countries interfering with developing countries'data sovereignty,developed countries squeezing the policy space of developing countries through dominant rules,and developing countries having conflicts between domestic and international rules.This article argues that balancing openness and security on digital trade platforms is the optimal solution for developing countries to realize their digital development rights.The establishment of WTO digital trade rules should inherently reflect the fundamental demands of developing countries in cross-border data flows.At the same time,given China's dual role as a digital powerhouse and a developing country,it should actively promote the realization of digital development rights in developing countries.展开更多
In the context of today's big data and cloud computing,the global flow of data has become a powerful driver for international economic and investment growth.The EU and the U.S.have created two different paths for ...In the context of today's big data and cloud computing,the global flow of data has become a powerful driver for international economic and investment growth.The EU and the U.S.have created two different paths for the legal regulation of the cross-border flow of personal data due to their respective historical traditions and realistic demands.The requirements for data protection have shown significant differences.The EU advocates localization of data and firmly restricts cross-border flow of personal data.The U.S.tends to protect personal data through industry self-regulation and government law enforcement.At the same time,these two paths also merge and supplement with each other.Based on this,China needs to learn from the legal regulatory paths of the EU and the US,respectively,to establish a legal idea that places equal emphasis on personal data protection and the development of the information industry.In terms of domestic law,the Cybersecurity Law of the People's Republic of China needs to be improved and supplemented by relevant supporting legislation to improve the operability of the law;the industry self-discipline guidelines should be established;and various types of cross-border data need to be classified and supervised.In terms of international law,it is necessary to participate in international cooperation based on the priority of data sovereignty and promote the signing of bilateral,multilateral agreements,and international treaties on the cross-border flow of personal data.展开更多
Cross-border data flows not only involve cross-border trade issues,but also severely challenge personal information protection,national data security,and the jurisdiction of justice and enforcement.As the current digi...Cross-border data flows not only involve cross-border trade issues,but also severely challenge personal information protection,national data security,and the jurisdiction of justice and enforcement.As the current digital trade negotiations could not accommodate these challenges,China has initiated the concept of secure cross-border data flow and has launched a dual-track multi-level regulatory system,including control system for overseas transfer of important data,system of crossborder provision of personal information,and system of cross-border data request for justice and enforcement.To explore a global regulatory framework for cross-border data flows,legitimate and controllable cross-border data flows should be promoted,supervision should be categorized based on risk concerned,and the rule of law should be coordinated at home and abroad to promote system compatibility.To this end,the key is to build a compatible regulatory framework,which includes clarifying the scope of important data to define the“Negative List”for preventing national security risks,improving the cross-border accountability for protecting personal information rights and interests to ease pre-supervision pressure,and focusing on data access rights instead of data localization for upholding the jurisdiction of justice and enforcement.展开更多
The regulations of cross-border data flows is a growing challenge for the international community.International trade agreements,however,appear to be pioneering legal methods to cope,as they have grappled with this is...The regulations of cross-border data flows is a growing challenge for the international community.International trade agreements,however,appear to be pioneering legal methods to cope,as they have grappled with this issue since the 1990s.The World Trade Organization(WTO)rules system offers a partial solution under the General Agreement on Trade in Services(GATS),which covers aspects related to cross-border data flows.The Comprehensive and Progressive Agreement for Trans-Pacific Partnership(CPTPP)and the United States-Mexico-Canada Agreement(USMCA)have also been perceived to provide forward-looking resolutions.In this context,this article analyzes why a resolution to this issue may be illusory.While they regulate cross-border data flows in various ways,the structure and wording of exception articles of both the CPTPP and USMCA have the potential to pose significant challenges to the international legal system.The new system,attempting to weigh societal values and economic development,is imbalanced,often valuing free trade more than individual online privacy and cybersecurity.Furthermore,the inclusion of poison-pill clauses is,by nature,antithetical to cooperation.Thus,for the international community generally,and China in particular,cross-border data flows would best be regulated under the WTO-centered multilateral trade law system.展开更多
在全球数据治理方面,日本正在构建不同于美国和欧盟模式的独特范式—“可信数据自由流动”(Data Free Flow with Trust,DFFT)框架,试图提升日本在全球数据治理规则中的影响力和主导权。在对DFFT框架提出背景、核心内容与目标进行概览的...在全球数据治理方面,日本正在构建不同于美国和欧盟模式的独特范式—“可信数据自由流动”(Data Free Flow with Trust,DFFT)框架,试图提升日本在全球数据治理规则中的影响力和主导权。在对DFFT框架提出背景、核心内容与目标进行概览的基础上,分别从制度基础、国际扩散路径和信任构建机制3个维度,考察日本DFFT框架的构建与国际推广经验,剖析数据跨境流动规则的“日本模式”。以此揭示日本参与全球数据治理的制度逻辑,以及其向全球传播其数据规则理念的主要策略。中国应结合数字经济发展需求和安全关切,构建更具战略性的数据跨境治理体系,在强化安全保障的前提下,持续完善数据跨境流动规则,不断提升全球数据治理能力。展开更多
基金This paper is a phased result of the“Research on the Issue of China’s Data Export System”(24SFB3035)a research project of the Ministry of Justice of China on the construction of the rule of law and the study of legal theories at the ministerial level in 2024.
文摘The Fourth Industrial Revolution has endowed the concept of state sovereignty with new era-specific connotations,leading to the emergence of the theory of data sovereignty.While countries refine their domestic legislation to establish their data sovereignty,they are also actively engaging in the negotiation of cross-border data flow rules within international trade agreements to construct data sovereignty.During these negotiations,countries express differing regulatory claims,with some focusing on safeguarding sovereignty and protecting human rights,some prioritizing economic promotion and security assurance,and others targeting traditional and innovative digital trade barriers.These varied approaches reflect the tension between three pairs of values:collectivism and individualism,freedom and security,and tradition and innovation.Based on their distinct value pursuits,three representative models of data sovereignty construction have emerged globally.At the current juncture,when international rules for digital trade are still in their nascent stages,China should timely establish its data sovereignty rules,actively participate in global data sovereignty competition,and balance its sovereignty interests with other interests.Specifically,China should explore the scope of system-acceptable digital trade barriers through free trade zones;integrate domestic and international legal frameworks to ensure the alignment of China’s data governance legislation with its obligations under international trade agreements;and use the development of the“Digital Silk Road”as a starting point to prioritize the formation of digital trade rules with countries participating in the Belt and Road Initiative,promoting the Chinese solutions internationally.
基金a preliminary result of the Chinese Government Scholarship High-level Graduate Program sponsored by China Scholarship Council(Program No.CSC202206310052)。
文摘The digital development rights in developing countries are based on establishing a new international economic order and ensuring equal participation in the digital globalization process to achieve people's well-rounded development in the digital society.The relationship between cross-border data flows and the realization of digital development rights in developing countries is quite complex.Currently,developing countries seek to safeguard their existing digital interests through unilateral regulation to protect data sovereignty and multilateral regulation for cross-border data cooperation.However,developing countries still have to face internal conflicts between national digital development rights and individual and corporate digital development rights during the process of realizing digital development rights.They also encounter external contradictions such as developed countries interfering with developing countries'data sovereignty,developed countries squeezing the policy space of developing countries through dominant rules,and developing countries having conflicts between domestic and international rules.This article argues that balancing openness and security on digital trade platforms is the optimal solution for developing countries to realize their digital development rights.The establishment of WTO digital trade rules should inherently reflect the fundamental demands of developing countries in cross-border data flows.At the same time,given China's dual role as a digital powerhouse and a developing country,it should actively promote the realization of digital development rights in developing countries.
基金This article is supported by Law and Technology Institute,Renmin University of China.All mistakes and omissions are the responsibility of the author.
文摘In the context of today's big data and cloud computing,the global flow of data has become a powerful driver for international economic and investment growth.The EU and the U.S.have created two different paths for the legal regulation of the cross-border flow of personal data due to their respective historical traditions and realistic demands.The requirements for data protection have shown significant differences.The EU advocates localization of data and firmly restricts cross-border flow of personal data.The U.S.tends to protect personal data through industry self-regulation and government law enforcement.At the same time,these two paths also merge and supplement with each other.Based on this,China needs to learn from the legal regulatory paths of the EU and the US,respectively,to establish a legal idea that places equal emphasis on personal data protection and the development of the information industry.In terms of domestic law,the Cybersecurity Law of the People's Republic of China needs to be improved and supplemented by relevant supporting legislation to improve the operability of the law;the industry self-discipline guidelines should be established;and various types of cross-border data need to be classified and supervised.In terms of international law,it is necessary to participate in international cooperation based on the priority of data sovereignty and promote the signing of bilateral,multilateral agreements,and international treaties on the cross-border flow of personal data.
基金This article is funded by National Social Science Foundation’s general project“Theoretical and Practical Research on International Criminal Judicial Assistance in Combating Cybercrime”(Project No.:19BFX073)National Social Science Foundation’s major project“Translation,Research and Database Construction of Cyberspace Policies and Regulations”(Project No.:20&ZD179).
文摘Cross-border data flows not only involve cross-border trade issues,but also severely challenge personal information protection,national data security,and the jurisdiction of justice and enforcement.As the current digital trade negotiations could not accommodate these challenges,China has initiated the concept of secure cross-border data flow and has launched a dual-track multi-level regulatory system,including control system for overseas transfer of important data,system of crossborder provision of personal information,and system of cross-border data request for justice and enforcement.To explore a global regulatory framework for cross-border data flows,legitimate and controllable cross-border data flows should be promoted,supervision should be categorized based on risk concerned,and the rule of law should be coordinated at home and abroad to promote system compatibility.To this end,the key is to build a compatible regulatory framework,which includes clarifying the scope of important data to define the“Negative List”for preventing national security risks,improving the cross-border accountability for protecting personal information rights and interests to ease pre-supervision pressure,and focusing on data access rights instead of data localization for upholding the jurisdiction of justice and enforcement.
基金This article is supported by the National Social Science Fund Project"China's Non-Market Economy Status in WTO Trade Remedies"(Project No.15XFX023)the Human Rights Institute of Southwest University of Political Science and Law(SWUPL HRI)2015 Yearly Research Project"Global Human Rights Governance under the TPP."All mistakes and omissions are my responsibility.
文摘The regulations of cross-border data flows is a growing challenge for the international community.International trade agreements,however,appear to be pioneering legal methods to cope,as they have grappled with this issue since the 1990s.The World Trade Organization(WTO)rules system offers a partial solution under the General Agreement on Trade in Services(GATS),which covers aspects related to cross-border data flows.The Comprehensive and Progressive Agreement for Trans-Pacific Partnership(CPTPP)and the United States-Mexico-Canada Agreement(USMCA)have also been perceived to provide forward-looking resolutions.In this context,this article analyzes why a resolution to this issue may be illusory.While they regulate cross-border data flows in various ways,the structure and wording of exception articles of both the CPTPP and USMCA have the potential to pose significant challenges to the international legal system.The new system,attempting to weigh societal values and economic development,is imbalanced,often valuing free trade more than individual online privacy and cybersecurity.Furthermore,the inclusion of poison-pill clauses is,by nature,antithetical to cooperation.Thus,for the international community generally,and China in particular,cross-border data flows would best be regulated under the WTO-centered multilateral trade law system.
文摘在全球数据治理方面,日本正在构建不同于美国和欧盟模式的独特范式—“可信数据自由流动”(Data Free Flow with Trust,DFFT)框架,试图提升日本在全球数据治理规则中的影响力和主导权。在对DFFT框架提出背景、核心内容与目标进行概览的基础上,分别从制度基础、国际扩散路径和信任构建机制3个维度,考察日本DFFT框架的构建与国际推广经验,剖析数据跨境流动规则的“日本模式”。以此揭示日本参与全球数据治理的制度逻辑,以及其向全球传播其数据规则理念的主要策略。中国应结合数字经济发展需求和安全关切,构建更具战略性的数据跨境治理体系,在强化安全保障的前提下,持续完善数据跨境流动规则,不断提升全球数据治理能力。
