Review and refinement of China′s cross-border data flow rules under the E-Commerce Agreement framework
He Yunfu, Zhao Qingchao
Law School, Southwest Minzu University
Abstract： The goal of the World Trade Organization(WTO) e-commerce negotiations is to establish high-standard international e-commerce rules on the basis of existing agreements and frameworks. On July 6, 2024, the e-commerce negotiations reached a new milestone, and a stable text of the "E-Commerce Agreement" was reached. The rules on cross-border data flow in the text of the "E-Commerce Agreement" are constructed around the protection of personal data and exception clauses, taking collaborative governance as the concept and liquidity optimization as the principle, with restricted data flow being the exception. The concept of balancing development and security in China′s rules on cross-border data flow can be in line with the construction concept of the text of the "E-Commerce Agreement"; China′s data storage localization and data outbound system can meet the provisions of the personal data protection clauses and relevant exception clauses in the text of the "E-Commerce Agreement", and the rules on cross-border data flow can be coordinated with the text of the "E-commerce Agreement". However, it is necessary to improve and perfect the catalog of important national data.
Key words : E-Commerce Agreement; cross-border data flows; personal data protection
