Lecture Notes in Education Psychology and Public Media
- The Open Access Proceedings Series for Conferences
Lecture Notes in Education Psychology and Public Media
Vol. 55, 11 July 2024
Open
Access | Article
Issues in China's Alignment with DEPA Data Cross-Border Regulation
* Author to whom correspondence should be addressed.
Abstract
In the global digital governance game, the Digital Economy Partnership Agreement (DEPA) features innovative designs for digital trade, aligning with China's goals of internal data sharing openness and external breaking of "rule locks". However, China currently exhibits significant legislative differences in the "Data Issues" section of DEPA's fourth module, adopting stricter regulatory measures for cross-border data flow and data localization. Addressing DEPA's "principle & exception" regulatory standards, this paper argues that legitimate public policy objectives can be aligned with DEPA through proportionality principles, WTO general exception clauses, etc. By innovating customs supervision methods and following the path of the Hainan Free Trade Port trial, connecting international trade new rules, orderly implementing law enforcement systems and supporting mechanisms to ensure data security and orderly flow, China can gradually align with DEPA.
Keywords
DEPA, digital cross-border flow, data localization, legitimate public policy objectives
References
1. Regulations on Security Assessment of Data Exit, Article 2.
2. Cai, Y. J. (2023). Definition and regulatory system of data exit. Journal of China University of Political Science and Law, 3.
3. Xu, M. L., & Dong, J. X. (2023). DEPA data cross-border flow rules orientation and response. Scientific Management Research, 5.
4. Sun, N. X. (2022). CPTPP digital trade rules: Institutional games, regulatory differences, and China's response. Academic Forum, 5.
5. Cybersecurity Law, Article 37.
6. Network Data Security Management Regulations (Draft for Comments), Article 73(3).
7. Xu, L. (2023). Regulation of cross-border data flows: "Legitimate public policy objectives exception" and China's practice. Qiusuo, 4.
8. The principle of proportionality has penetrated into various Chinese laws, such as Articles 5, 6, 13, 19, 28(2), 30, 47, etc., of the Personal Information Protection Law.
9. Yao, X. (2019). EU governance of cross-border data flow: Balancing free flow and regulatory protection. Shanghai People's Publishing House, p. 24.
10. Wang, C. Q. (2023). Compatibility review and optimization path of China's data governance in the context of applying for DEPA membership. Pacific Journal, 3.
11. DEPA, section 14-C.6, paragraph 3.
12. See Yoshinori Abe, David Collins, The CPTPP and Digital Trade: Embracing E-Commerce Opportuniti--es for SMEs in Canada and Japan, Transnational Dispute Management, 3-16(2018).
13. Wang, R., & Pan, Y. C. (2022). Insights from the differences between CPTPP and RCEP for China’s response to digital trade rules competition. International Trade, 3.
14. Jin, S. Y., & Shen, W. (2022). Digital trade facilitation in EPA: Rule investigation and China's response. Customs and Trade Research, 4.
15. Gan, L. (2023). Aligning RCEP, CPTPP, and DEPA rules to promote institutional opening of service trade in Hainan Free Trade Port. South China Sea Studies, 3.
16. Cui, H. R., & Li, B. (2022). Coping with the challenges of CPTPP state-owned enterprise rules: Vietnam’s domestic law adjustments and their implications. International Trade, 8.
Data Availability
The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.
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- Volume Title
- Proceedings of the 3rd International Conference on International Law and Legal Policy
- ISBN (Print)
- 978-1-83558-473-6
- ISBN (Online)
- 978-1-83558-474-3
- Published Date
- 11 July 2024
- Series
- Lecture Notes in Education Psychology and Public Media
- ISSN (Print)
- 2753-7048
- ISSN (Online)
- 2753-7056
- DOI
- 10.54254/2753-7048/55/20240067
- Copyright
- 11 July 2024
- Open Access
- This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited