Author
Ms Zhang Yichong
Organisation/Institution
East China University of Political Science and Law
Country
CHINA
Panel
Information Technology Law
Title
Construction of Cross-border Data Flow Regulation in China Xinjiang Free Trade Zone
Abstract
Driven by the new round of scientific and technological revolution and industrial change, the digital transformation of the global value chain is on the rise, and it is of strategic value to play a leading role in making digital trade rules. Cross-border data flow, as a basic prerequisite for digital trade, poses many challenges to national sovereignty, social security interests and the personal information rights and interests. As the international community has not formed a unified paradigm in the field of cross-border data flow governance, and there is a lack of connection and mutual recognition among international rule systems, it has significantly increased the difficulty of compliance and uncertainty of business operations. After implementing the Provisions on Promoting and Regulating the Cross-border Flow of Data, China has authorized Free Trade Zones (FTZs) to set up negative lists of data outbound, which promotes FTZs' attempts at institutional innovation in the area of cross-border flow of data, and will effectively enhance the business environment of FTZs and attract more foreign investment. Aginst this policy backdrop, this paper advocates for a regulatory framework guided by the principle of proportionality, with recommendations in three areas: aligning with international standards, fostering institutional innovation, and enhancing regulatory collaboration. Keywords: Xinjiang Free Trade Zone; cross-border data flow mechanism; outbound compliance path; negative list of data regulation; principle of proportionality
Biography
Zhang Yichong Doctor Candidate of International Law School at East China University of Political Science and Law Wu Qiaofang Professor of Law at East China University of Political Science and Law
