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Build a Comprehensive, Active and Stable Policy System for Cross-Border Data Flow (No.285, 2020)

Jan 15,2021

By Wang Jinzhao, Li Guangqian, Hu Yulong & Zhu Xianqiang, Research Team on “Cross-border Data Flow Policy”, Information Center, DRC

Research Report, No.285, 2020 (Total 6029) 2020-11-3

Abstract: The cross-border data flow is of great significance to propel the development and international cooperation of digital economy. In view of the strategic value of data, and the protection of citizens’ privacy and national security issues, various countries have taken different measures to restrict the cross-border flow of data. By taking a double-standard approach, the U.S. consents to the free flow of data whereas it sets many restrictions on the outflow of data. The EU’s policy, while underlining the protection of personal information, proposes a European Data Strategy to facilitate data flow and realize data value. Russia and India are relatively backward in technology and to some extent tend to take a conservative stance in data flow policies. China needs to give consideration to both development and security and formulate a cross-border data management strategy in line with national conditions. In practice, we need to focus on building a complete regulatory policy framework for cross-border data flow, establishing a sound management system relating to personal data and non-personal data, and forming a data management system for collaboration between government and business sectors. Furthermore, it is necessary for us to strengthen international cooperation, formulate classified cooperation strategies for countries and regions along the One Belt and One Road routes and start to draft digital tax policies.

Keywords: cross-border data flow, digital economy, management system