Cross-Border Data Issues in International Trade: Legal Challenges, Response Strategies, and Future Prospects

DOI

10.2991/978-94-6463-542-3_44How to use a DOI?

Keywords

Cross-Border Data Flows; Extraterritorial Jurisdiction; Data Localization

Abstract

In the field of international trade, cross-border data flows now have an increasing impact on the global economy. Though data transfers can bring great benefits to countries, it is worth noting that there are still some issues that remain unsolved, which may impede national interests without proper regulation. This paper first analyzes the global status of cross-border data trade, including the current state, growth trends, and major challenges. It is easy to see that problems are concentrated on legal and regulatory differences, data security and privacy protection, and national security. Currently, there are two methods to cope with the issues, extraterritorial jurisdiction and data localization. In order to conduct an in-depth analysis of each strategy, two cases will be discussed in the passage: one is data flow legislations in the US and the EU, and the other is China’s requirements for data localization. After a comparative analysis of case lessons and impacts, some recommendations will be provided for the legal framework of cross-border data flows in international trade, such as pathways for international coordination and cooperation, certifications from specialized institutions, and the establishment of a unified guarantee system. At the end of the essay are the future prospects for cross-border data rules in international trade.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Tongnan Lin
PY  - 2024
DA  - 2024/10/15
TI  - Cross-Border Data Issues in International Trade: Legal Challenges, Response Strategies, and Future Prospects
BT  - Proceedings of the 2024 2nd International Conference on Management Innovation and Economy Development (MIED 2024)
PB  - Atlantis Press
SP  - 372
EP  - 383
SN  - 2352-5428
UR  - https://doi.org/10.2991/978-94-6463-542-3_44
DO  - 10.2991/978-94-6463-542-3_44
ID  - Lin2024
ER  -