The global expansion and deep development of the digital economy have not only led to revolutionary changes in business models and industrial organizations,but also made cross-border data flow become the normalcy ininternational economic and trade activities.The most important issue of cross-border data flow governance is how to deal with the tension balance between"freedom"and"regulation".We should not only face up to the natural pursuit of freedom and the significant benefits of free data flow,but also set reasonable regulation and provide adequate protection.Due to different interests and values,countries have different attitudes towards cross-border data flow.In addition to the two opposing models of the United States and the European Union,developing countries are also seeking new routes that meet their own needs.However,it is undeniable that all countries have realized the importance of cross-border data flow,especially in the trade negotiations where more and more relevant issues have been included.At present,the attitude of both WTO and the recent free trade agreement to the governance of cross-border data flow is based on the principle of free data flow and supplemented by exception clauses,the difference lies in the scope of the exception and the interpretation of relevant concepts.Under the influence of these regulatory practices on cross-border data flow,China should combine its own needs and value orientation,from the perspective of cross-border data classification and hierarchical management,specialized cross-border data regulators and exceptions to the inward direction and the outward direction of strengthening international cooperation on cross-border data flow.With the help of the"the Belt and Road",RCEP,CPTPP,DEPA and other platforms,Chinashouldtry to promote the reconstruction of data flow governance system and relevant international economic and trade rules.
trade agreementcross-border data flowfreedom-regulation
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