Author
Dr Yanhua Li
Organisation/Institution
East China University of Political Science and Law
Country
CHINA
Panel
Information Technology Law
Title
Trade, Privacy and Security: Transnational Digital Technologies and EU-China Data Flows
Abstract
Abstract As the "new oil" in the era of digital economy, cross-border data flows has become an inevitable trend. As the two major digital economies in the world, the governance of cross-border data flows between China and Europe is related to data security, data privacy and data economy development. This article aims to discuss the changing legal regulations and corporate practices in the digital economy between the two sides. At present, the two sides have not reached any agreement governing cross-border data flows, which is determined by geopolitics, data security, mutual trust, government access to data, the independence of personal data protection institutions, and other factors. Hence, multinational digital enterprises in China and Europe choose to meet the compliance requirements of their host countries through standard contract clauses, binding corporate rules, data localization, and data hosting in international data hubs. However, in practice, multinational digital enterprises in China and Europe are faced with problems such as data exit difficulties, uncertainty and harshness of domestic laws. Recently, China and Europe established a cross-border data flow exchange mechanism for the first time. This paper further provides some suggestions for China and Europe on how to optimize their own cross-border data flows rules and possible cooperation, so as to promote the free flows of data between China and Europe. Keywords: privacy, security, trade, data regulation, digital technologies, EU-China data flows
Biography
Li Yanhua, a postdoctoral teacher at China Institute of Rule of Law Strategy, East China University of Political Science and Law, holds a Bachelor of Law (minor in English) from Liaoning Normal University, a Master of International Law from Nanjing Normal University, and a Doctor of International Law from Xiamen University. She has visited the Institute of Information Law of Amsterdam University as a researcher, and conducted a one-year study abroad exchange in the Legal Research Department of Hokkaido University, Japan. Her main research interests are digital trade law, data law and international economic law. She has published many papers independently in CSSCI journals of European Studies, Human Rights and Journal of Information, participated in many national, provincial, and ministerial key projects, and wrote several provincial and ministerial consulting reports. During her PhD, she won the Special Prize for an Essay in the Forum for International Commercial Legal Cooperation of China Council for the Promotion of Trade and the Second Prize for Excellent Young Papers of China Society of International Economic Law.
