Disputes Over Cross-border Data Flow and Its China's Legal Solutions

Jing Lin

doi:10.47297/wspjclrWSP2516-249709.20240804

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Disputes Over Cross-border Data Flow and Its China's Legal Solutions

Volume 8, Issue 4

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Disputes Over Cross-border Data Flow and Its China's Legal Solutions
Disputes Over Cross-border Data Flow and Its China's Legal Solutions
Human Rights Research Institute of Southwest University of Political Science and Law, Yubei, Chongqing, 401120, China.
Vol. 8, Issue 4, Pages: 61-72(2024)
Published： 19 December 2024 ，
DOI：10.47297/wspjclrWSP2516-249709.20240804
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JING LIN. (2024). Disputes Over Cross-border Data Flow and Its China's Legal Solutions. Journal of Commercial Law Review, 8(4), 61-72..
DOI：

JING LIN. (2024). Disputes Over Cross-border Data Flow and Its China's Legal Solutions. Journal of Commercial Law Review, 8(4), 61-72.. DOI： 10.47297/wspjclrWSP2516-249709.20240804.

摘要

Abstract

With the deepening development of data globalization

cross-border data flows have become increasingly frequent

leading to increasingly severe legal disputes. Against this backdrop

this article delves into the disputes arising from cross-border data flows. It deeply analyzes the manifestations of these disputes from the perspectives of data sovereignty and national security

economic development and data protection

as well as cross-border law enforcement cooperation. Based on this

it further explores the reasons behind these disputes

taking into account both international experience and China's national conditions. It strives to balance the relationship between data sovereignty

national security

and data economy development

providing ideas and references for the development of China's governance rules for cross-border data flows.

关键词

Keywords

cross-border data flowlegal disputes

references

Yan Feng, Pan Feifei, Song Jinjin, et al.: "The 'Safe Harbor' Incident Reflects the National Cross-Border Data Management Game", China Information Security, 2016, Issue 3, pp. 64-65.

Cao Wei: "Strategic Gaming after GDPR", China Information Security, 2018, Issue 6, P. 13.

Chen Bing and Xu Wen, "Construction of a Governance System for Cross-Border Data Flows", Studies on Socialism with Chinese Characteristics, 2021, Issue 4, pp. 68-71.

Deng Song, Huang Lan, Ma Botao: "A Comparative Study on Data Cross-Border Management Based on Data Sovereignty", Journal of Information Science, 2021, Issue 6,p120-123.

Song Jingjing and Wu Jianhua: "Research on the Strategies for Addressing Data Cross-Border Governance in China", Library and Information Service, 2022, Issue 3,p.129.

Sun Pengpeng: "Comparative Study on the Regulation and Security of Cross-Border Data Flow", Journal of China Academy of Electronic Science, 2023, Issue 1,p.91.

Wen Ming and Tan Rong: "Regulatory Cooperation on Cross border Data Flow from the Perspective of Data Sovereignty and China's Response", International Trade, 2024, Issue 6, p. 7.

Zhang Qianwen: "Regulation of International Investment Agreement Exception Provisions on Cross border Data Flow", Law Journal,2021, Issue 5, p. 99.

Xie Zhuojun and Yang Shudong: "Regulation of Cross-Border Data Flows in Global Governance and China's Participation - A Comparative Analysis Based on the WTO, CPTPP, and RCEP", International Observations, 2021, Issue 5, p. 105.

Wei Yuan shan: "Research on Issues and Countermeasures of Cross-border Data Flow from the Perspective of Game Theory", Journal of Xi'an Jiaotong University (Social Sciences Edition), 2021,Issue 5, P.120.

Wang Yan: "National Models and Reflections on Cross border Data Flow Governance", International Economic and Trade Exploration,2022, Issue 1, p. 102.

Guo Xue jiao and Gao Tian shu: "Data Cross-Border Flow: Realistic Dilemmas and Solutions", Southern Finance, 2024, Issue 4, P. 80.

Ran Cong jing, Chen Gui rong, and Wang Huan: "Research on the Jurisdictional Model of Cross-Border Data Flow in the United States and Its Implications for China", 2020, Issue 6, p. 140.

Cui Jing: "Experience and Practices of Regulating Cross-Border Data Flow in Europe and the United States and China's Strategic Choices", "Economic System Reform", 2021, Issue 2, P. 175.

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