Journal of Beijing University of Posts and Telecommunications(Social Sciences Edition) ›› 2023, Vol. 25 ›› Issue (1): 67-76.doi: 10.19722/j.cnki.1008-7729.2022.0115

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Development Dilemma and Cooperative Governance of China’s Cross-border Data Regulation in Perspective of Digital Trade

  

  1. East China University of Political Science and Law, Shanghai 200042, China
  • Received:2022-09-21 Online:2023-02-28 Published:2023-02-28

Abstract: While digital trade promotes economic development, it also exacerbates the difficulty of cross-border data regulation. By summarizing and analyzing the existing data laws and regulations in China, as well as regional trade agreements and bilateral free trade agreements currently signed involving cross-border data regulation, it can be found that the construction of China’s cross-border data regulation system is still facing many difficulties, and it is urgent to seek a solution. As a core element of digital trade, data is mobile and transnational in nature, which means that data governance should be international in scope. Therefore, in order to improve the legal framework for data governance, in addition to formulating data regulation rules domestically, it is also necessary to actively engage in international cooperation on cross-border data regulation to further improve cross-border data regulation rules and promote the construction of a harmonious digital society.

Key words: digital trade, cross-border data flow regulation, Regional Trade Agreement, Free Trade Agreement, international cooperation

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