Regulating Outbound Data Transfer: The Practice of China and a Comparative Approach

In Marina Timoteo, Barbara Verri & Riccardo Nanni (eds.), Quo Vadis, Sovereignty? : New Conceptual and Regulatory Boundaries in the Age of Digital China. Springer Nature Switzerland. pp. 169-180 (2023)
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Abstract

Outbound data transfer is of considerable significance for national and international development and security under new technical environment conditions, making it a worldwide focus of legal regulation. The rules on data storage and flow are important for digital sovereignty governance. Following the basic laws on data security, China has introduced special measures and guidelines for outbound data transfer, which impose substantive requirements and also require procedural arrangements to be followed. On one hand, the new rules have provided detailed and specialized instructions for data processors. On the other hand, there is room to develop and improve the basic values as well as specific rules, in order to provide more effective legal incentives for data transfer and exploitation. Ultimately, data transfer rules cannot be properly established on the basis of national regulations alone, and therefore a more balanced international coordination mechanism needs to be put in place in which China has an active role.

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