The Characteristics and Impacts of Foreign Investment Data Security Review in the United States and Europe,and China's Response
In recent years,the United States and Europe added data security review to their foreign investment security screening to examine the risks of potential data collection and cross-border data transfers in foreign invest-ments,forming a de facto constraint on digital trade.The construction of foreign investment data security review is driven by data security upgrading and data resource competition in the digital era.It has the characteristics of early-intervention and traceability in the intervention stage,pertinence and ambiguity in the object standards,and self-de-termination in the legal consequences.Such construction also impacts Chinese investments in the United States and Europe,the development of digital trade,and the cooperation on cross-border data transfers with the United States and Europe.At the domestic level,China should improve the rules on government access to corporate data,estab-lish investment assistance mechanisms,and strategically adjust the positioning of digital investments in the United States and Europe.At the international level,China should promote the implementation of restriction principles in current trade agreements,develop the mutual recognition mechanism of data protection,explore communication so-lutions on digital trade rules issues,and provide a good environment for Chinese digital enterprises to go global.
foreign investment data security reviewdata securitycross-border flow of datadigital tradegreenfield investmentnon-discrimination principle
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