Global international rules on cross-border data transfer have not yet been established,and only some regional treaties and soft laws contain relevant provisions,among which economic and trade agreements centered on FT As and digital economy agreements occupy an important position.The provisions of these FT As and digital economy agreements on cross-border data transfer are also different,broadly in form of the U.S.,EU,and China model.The three major models have their own characteristics,such as the U.S.model focusing on the freedom of cross-border data transfer,the EU model focusing on the protection of personal data,and the China model focusing on national security.These models are not static,and as the FTA network continues to intertwine,the three models also demonstrate a certain degree of coordination.Countries such as Singapore,New Zealand,Japan and South Korea have played an important role in this process.China has formally applied to join DEPA and CPTPP,but the cross-border data transfer provisions in these agreements are quite different from the China model.Among the various outbound data transfer models formed in China,the security assessment system of outbound data transfer is the most severe one and must face significant challenges in the negotiation for China's accession to DEPA and CPTPP.In this context,it is very necessary to re-examine the rules and position on cross-border transfer of personal information in China considering international and foreign legislation.
关键词
跨境数据传输/DEPA/CPTPP/RCEP/数据出境安全评估
Key words
cross-border data transfer/DEPA/CPTPP/RCEP/security assessment of outbound data transfer
维普
万方数据