美欧《隐私盾协议》之无效及中国应对路径

The Invalidity of Privacy Shield Agreement between the United States and Europe and China's Response

数据跨境自由流动已经成为数字经济发展的关键议题,美欧为解决美欧之间数据跨境提供问题,做了多种尝试,已从《安全港协议》过渡到《隐私盾协议》,但是2020年7月《隐私盾协议》也被欧盟法院裁定无效。协议无效之后,美欧政治经贸关系将会率先受到影响,数字经济全球拓展亦将受阻,还可能滞后全球跨境数据流动规则构建。在此背景下,我国数据跨境流动政策、跨国企业数据跨境传输、数据跨境流动规则制定话语权也会受到间接影响。我国亟需转变对数据跨境转移的态度,并继续建立详细的数据分级制度,合理设置国家安全例外,最后通过RCEP、CAI等国际协定与电子商务谈判提升我国立场影响力。

The data of cross-border free flow has become a key issue in the digital economy development.The United States and Europe have made a variety of attempts to solve the problem of cross-border data provision between them,and have transitioned from the Safe Harbor Agreement to the Privacy Shield Agreement.However,the Privacy Shield Agreement is also ruled invalid by the European Court of Justice in July 2020.After the agreement is invalidated,the political and economic relations between the United States and Europe will be affected first,the global expansion of the digital economy will also be blocked,and the establishment of rules for global cross-border data flow may also lag behind.In this context,China's policy on cross-border data flow,cross-border data transmission of multinational enterprises and the right to speak in the formulation of rules on cross-border data flow will also be indirectly affected.It is urgent for China to continue to establish a detailed data classification system,reasonably set national security exceptions,change its attitude towards cross-border data transfer,and finally enhance the influence of China's position through international agreements such as RCEP,CAI and e-commerce negotiations.