Legal Regulation Risks and Insights Related to Cross-Border Flow of Data: Analysis based on the Measures for Standard Contracts for the Exit of Personal Information

Zixuan Tian; Chenhao Wen; Jinfeng Fan

doi:10.62051/ijsspa.v2n3.22

Authors

Zixuan Tian
Chenhao Wen
Jinfeng Fan

DOI:

https://doi.org/10.62051/ijsspa.v2n3.22

Keywords:

Cross-border Data Flow, Personal Information Protection, Cross-border Commerce

Abstract

The primary objective of this research is to ensure the secure and compliant transmission of personal information from China. To this end, the Chinese government has implemented the "Standard Contract Measures for the Export of Personal Information." This study employs both literature review and factor analysis methods to meticulously examine the potential risks in the practical implementation of these measures, and further suggests strategies to address the current challenges. Additionally, the study introduces foreign systems for reference, aiming to guide Chinese enterprises in circumventing legal risks associated with cross-border data flows and ensuring the security and compliance of personal information departing from the country. The findings of this research reveal that the existing legal framework for cross-border data flows in China has certain shortcomings, providing valuable insights for the improvement of China's legal framework and related regulatory systems. Furthermore, it offers practical cautionary value for Chinese enterprises in their operations.

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References

Ran Congjing,Liu Ruiqi,He Mengting. International personal data cross-border flow governance model and China's reference study[J]. Journal of Information Resources Management,2021,11(03):30-39.DOI:10.13365/j.jirm. 2021. 03.030.

Licence. Freedom and security:China's solution to cross-border data flow[J]. Global law review,2021,43(01):22-37.

Gao Shanxing,Liu Weiqi. Regulation of Cross-border Flow of Data and Its Response - A Discussion on Article 37 of the Cybersecurity Law[J]. Journal of Xi'an Jiaotong University (Social Science Edition),2017,37(02):85-91. DOI:10.15896/j.xjtuskxb.201702012.

Dongfang. Comparative analysis of legal regulation of cross-border data flow in the EU and the United States and the "Chinese wisdom" to cope with the challenges[J]. Library Journal,2019,38(12):92-97+104.DOI:10.13663/ j.cnki. lj.2019.12.012.

Wen Hao. Research on Information Security Issues in Foreign-related Commercial Behaviour [N]. People's rule of law, 2021-9-5.

WANG Weiling. Systemic Risks of Cross-border Flow of Data: Causes, Development and Regulation[J]. International Trade, 2022(7).

Pan Xiaoning. Reflections on Improving China's Personal Information Data Exit System[J]. Customs and Economic and Trade Research,2019,40(06):81-93.

Wu Xuan. The construction of cross-border rules for personal information under the vision of data sovereignty[J]. Tsinghua Law,2021,15(03):74-91.

Lou He, Chen Guoyu. Discussion on the Best Legal Practice of Cross-border Transmission of Personal Data of Chinese Enterprises[J]. Information Security and Communication Confidentiality,2019,No.308(08):50-62.

Wei Wei. Li Xiaowei. Zhang Yuanyuan. JIANG Yuzhe. International data cross-border flow management system and its inspiration to China[J];Secrecy Science and Technology;2020.