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

Tongnan Lin ()
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Tongnan Lin: University of International Business and Economics

A chapter in Proceedings of the 2024 2nd International Conference on Management Innovation and Economy Development (MIED 2024), 2024, pp 372-383 from Springer

Abstract: 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.

Keywords: Cross-Border Data Flows; Extraterritorial Jurisdiction; Data Localization (search for similar items in EconPapers)
Date: 2024
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DOI: 10.2991/978-94-6463-542-3_44

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