Research on the Application of Exception Clauses for Cross-border Data Flows under RCEP
Data flow and security have emerged as pivotal issues in the digital economy today.Given the varied levels of digital economic development and historical-cultural differences among member states,the Regional Comprehensive Economic Partnership(RCEP)includes three types of exception clauses to safeguard the rights of less developed countries in digital economic growth.Owing to the international context of the digital era,the domestic needs of the members,and the necessity for coherence in the RCEP text,these exception clauses overly emphasize the data sovereignty of member states and introduce significant ambiguity in legal application,thereby hindering the establishment of an effective regional data governance framework.This paper proposes that insights from European and American data regulation models be adapted to clarify the specific application of these exception clauses.This involves two main aspects:elucidation of the legal texts concerning specific and security-related exception clauses,and enhancement of regional coordination mechanisms.The latter includes establishing a joint data forum and optimizing the dispute resolution mechanisms.
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