The conflict of extraterritorial jurisdiction of the GDPR in the context of comity and China's response
In the era of digital economy,data has become a brand-new type of asset.A country's ability to grasp and control data has become an external manifestation of its comprehensive national power,while the contemporary national emphasis on data and its protection has exacerbated the conflict of data jurisdiction.In this case,the EU General Data Protection Regulation(GDPR)realizes the expansion of jurisdiction over global data through the triple standards of"entity standard","purpose-directed stand-ard"and"embassy and consulate standard".The GDPR realizes the"long arm jurisdiction"over global data,but its provisions on the applicable geographical scope are in conflict with the territorial jurisdiction,which reflects the trend of unilateral expansion of the EU's data protection,which is prone to inducing data jurisdiction conflicts.Therefore,based on the"international comity principle"proposed by Ulrich Huber to resolve jurisdictional conflicts,this study analyzes the jurisdictional conflicts under the three applicable territorial definition standards of the GDPR,examines the availability and application basis of the international comity principle in data jurisdictional conflicts,and analyzes the application of different forms of comity in data jurisdictional con-flicts,and analyzes the application of the GDPR based on its territorial scope of application.It also analyzes the application of dif-ferent forms of comity in data jurisdiction conflicts,and puts forward China's response based on the extraterritorial application of GDPR jurisdiction conflicts to supplement the data jurisdiction model,docking international cross-domain data governance,and insisting on reciprocal coordination of comity,with a view to providing new ideas for China's smooth extraterritorial data protec-tion.
GDPRinternational comityextraterritorial applicationconflicts of jurisdiction
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