Study on the Application of National Security Exception Clauses in the Cross-Border Data Flow
The national security exception clauses are of great significance to the maintenance of national secu-rity.However,it is still questionable whether they are legitimate and reasonable in the field of cross-border data flow in practice due to the vague provisions and other legal problems.In the context of the rapid development of the digital economy,countries often cite national security exception clauses to defend or use national security as a rea-son to restrict digital trade.In the face of the tendency to generalize the application of national security exception clauses in the field of international trade and economic cooperation and the problem of unreasonable sanctions on Chinese enterprises,China should pay attention to the theoretical research on the application of national security ex-ception clauses in the field of digital trade,clarify China's concept of regulating cross-border data flow and the cri-teria for the reasonable application of national security exception clauses in the field of cross-border data flow,ac-tively push forward the formulation of the rules on cross-border data flow in the international area,and contribute Chinese wisdom and solutions to promote the healthy development of the global digital economy.
national security exception clausescross-border data flownational security