Digital Development Rights in Developing Countries:Where the Governance Rules for Cross-Border Data Flows

The digital development rights in developing countries are based on establishing a new international economic order and ensuring equal participation in the digital globalization process to achieve people's well-rounded development in the digital society.The relationship between cross-border data flows and the realization of digital development rights in developing countries is quite complex.Currently,developing countries seek to safeguard their existing digital interests through unilateral regulation to protect data sovereignty and multilateral regulation for cross-border data cooperation.However,developing countries still have to face internal conflicts between national digital development rights and individual and corporate digital development rights during the process of realizing digital development rights.They also encounter external contradictions such as developed countries interfering with developing countries'data sovereignty,developed countries squeezing the policy space of developing countries through dominant rules,and developing countries having conflicts between domestic and international rules.This article argues that balancing openness and security on digital trade platforms is the optimal solution for developing countries to realize their digital development rights.The establishment of WTO digital trade rules should inherently reflect the fundamental demands of developing countries in cross-border data flows.At the same time,given China's dual role as a digital powerhouse and a developing country,it should actively promote the realization of digital development rights in developing countries.

Application of Big Data Analysis Technology in Cross-Border E-Commerce

Under the background of national development strategy in the new era,cross-border e-commerce with the help of Internet platfbnn can realize the interconnection between producers and consumers,and gradually expand the influence of international trade.Based on big data technology,this paper builds an industry chain with cross-border e-commerce members'participation,and analyzes the specific application of big data in the product support,internal operation,external marketing,logistics service and service evaluation of cross-border e-commerce industry chain.The purpose is to effectively promote the healthy development of cross-border e-commerce and improve China's trade and economic level.

Comparative Study on the Legal Regulation of a Cross-Border Flow of Personal Data and Its Inspiration to China

In the context of today's big data and cloud computing,the global flow of data has become a powerful driver for international economic and investment growth.The EU and the U.S.have created two different paths for the legal regulation of the cross-border flow of personal data due to their respective historical traditions and realistic demands.The requirements for data protection have shown significant differences.The EU advocates localization of data and firmly restricts cross-border flow of personal data.The U.S.tends to protect personal data through industry self-regulation and government law enforcement.At the same time,these two paths also merge and supplement with each other.Based on this,China needs to learn from the legal regulatory paths of the EU and the US,respectively,to establish a legal idea that places equal emphasis on personal data protection and the development of the information industry.In terms of domestic law,the Cybersecurity Law of the People's Republic of China needs to be improved and supplemented by relevant supporting legislation to improve the operability of the law;the industry self-discipline guidelines should be established;and various types of cross-border data need to be classified and supervised.In terms of international law,it is necessary to participate in international cooperation based on the priority of data sovereignty and promote the signing of bilateral,multilateral agreements,and international treaties on the cross-border flow of personal data.

Towards a Global Regulatory Framework for Cross-Border Data Flows——Fundamental Concerns and the China’s Approach

Cross-border data flows not only involve cross-border trade issues,but also severely challenge personal information protection,national data security,and the jurisdiction of justice and enforcement.As the current digital trade negotiations could not accommodate these challenges,China has initiated the concept of secure cross-border data flow and has launched a dual-track multi-level regulatory system,including control system for overseas transfer of important data,system of crossborder provision of personal information,and system of cross-border data request for justice and enforcement.To explore a global regulatory framework for cross-border data flows,legitimate and controllable cross-border data flows should be promoted,supervision should be categorized based on risk concerned,and the rule of law should be coordinated at home and abroad to promote system compatibility.To this end,the key is to build a compatible regulatory framework,which includes clarifying the scope of important data to define the“Negative List”for preventing national security risks,improving the cross-border accountability for protecting personal information rights and interests to ease pre-supervision pressure,and focusing on data access rights instead of data localization for upholding the jurisdiction of justice and enforcement.

The Governance of Cross-Border Data Flows in Trade Agreements:Is the CPTPP Framework an Ideal Way Out?

The regulations of cross-border data flows is a growing challenge for the international community.International trade agreements,however,appear to be pioneering legal methods to cope,as they have grappled with this issue since the 1990s.The World Trade Organization(WTO)rules system offers a partial solution under the General Agreement on Trade in Services(GATS),which covers aspects related to cross-border data flows.The Comprehensive and Progressive Agreement for Trans-Pacific Partnership(CPTPP)and the United States-Mexico-Canada Agreement(USMCA)have also been perceived to provide forward-looking resolutions.In this context,this article analyzes why a resolution to this issue may be illusory.While they regulate cross-border data flows in various ways,the structure and wording of exception articles of both the CPTPP and USMCA have the potential to pose significant challenges to the international legal system.The new system,attempting to weigh societal values and economic development,is imbalanced,often valuing free trade more than individual online privacy and cybersecurity.Furthermore,the inclusion of poison-pill clauses is,by nature,antithetical to cooperation.Thus,for the international community generally,and China in particular,cross-border data flows would best be regulated under the WTO-centered multilateral trade law system.