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Issues in China's Alignment with DEPA Data Cross-Border Regulation
- 1 Shanghai University of International Business and Economics
* Author to whom correspondence should be addressed.
Abstract
In the global digital governance game, the Digital Economy Partnership Agreement (DEPA) features innovative designs for digital trade, aligning with China's goals of internal data sharing openness and external breaking of "rule locks". However, China currently exhibits significant legislative differences in the "Data Issues" section of DEPA's fourth module, adopting stricter regulatory measures for cross-border data flow and data localization. Addressing DEPA's "principle & exception" regulatory standards, this paper argues that legitimate public policy objectives can be aligned with DEPA through proportionality principles, WTO general exception clauses, etc. By innovating customs supervision methods and following the path of the Hainan Free Trade Port trial, connecting international trade new rules, orderly implementing law enforcement systems and supporting mechanisms to ensure data security and orderly flow, China can gradually align with DEPA.
Keywords
DEPA, digital cross-border flow, data localization, legitimate public policy objectives
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[8]. The principle of proportionality has penetrated into various Chinese laws, such as Articles 5, 6, 13, 19, 28(2), 30, 47, etc., of the Personal Information Protection Law.
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[11]. DEPA, section 14-C.6, paragraph 3.
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Cite this article
Xu,Z. (2024). Issues in China's Alignment with DEPA Data Cross-Border Regulation. Lecture Notes in Education Psychology and Public Media,55,79-85.
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Volume title: Proceedings of the 3rd International Conference on International Law and Legal Policy
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