Facilitating cross-border data flow and unleashing the value of data elements

2024-03-26

On March 22, the State Internet Information Office announced the Provisions on Promoting and Regulating the Cross border Flow of Data (hereinafter referred to as the Provisions), which came into force as of the date of promulgation. How will the Regulations facilitate cross-border data flow and fully unleash the value of data elements? How to help achieve a balance between data utilization and security? The reporter conducted an interview. The relevant person in charge of the National Cyberspace Administration introduced that the "Regulations" further clarify the implementation and connection of existing data export security assessments, personal information export standard contracts, personal information protection certification and other data export systems, appropriately relax the conditions for cross-border data flow, moderately narrow the scope of data export security assessments, facilitate cross-border data flow, reduce enterprise compliance costs, fully release the value of data elements, expand high-level opening up to the outside world, and provide legal protection for the high-quality development of the digital economy while ensuring national data security. Convenient cross-border data flow has become the foundation for the exchange and sharing of global resources such as funds, information, and technology. "In order to promote the orderly and free flow of data in accordance with the law, stimulate the value of data elements, and expand high-level opening-up to the outside world, the" Regulations "optimize and adjust the data export system, including data export security assessment, personal information export standard contracts, and personal information protection certification." The relevant person in charge of the National Cyberspace Administration stated. The relevant clauses that facilitate cross-border data flow have attracted attention. "The" Regulations "provide provisions for export scenarios that do not require data export security assessments or personal information export standard contract filing through enumeration. Zhou Hui, Deputy Director of the Network and Information Law Research Office of the Institute of Law of the Chinese Academy of Social Sciences, said that this design actively responds to the needs and expectations of domestic and foreign business entities for Chinese enterprises going abroad and foreign enterprises investing and operating in China, which is conducive to the smooth flow and efficient allocation of high-quality production factors such as high-quality data resources.". Professor Hong Yanqing from the Law School of Beijing Institute of Technology also believes that these regulations have greatly improved the convenience of data export. Under the trend of economic globalization, common cross-border trade activities such as customer service, logistics, cloud storage, and data analysis frequently generate and transmit relevant business data. "It is extremely important to establish a sound and refined system for cross-border data transmission in response to the needs of commercial activities. The" Regulations "focus on specific business needs, and allow data export activities generated in international trade, cross-border transportation, academic cooperation, cross-border production and manufacturing, and marketing activities, without including personal information or important data. Data export security assessments, personal information standard contracts, and personal information protection certification mechanisms are not applicable." Wang Xizinc, director of the Constitution and Administrative Law Research Center at Peking University, said that this exemption situation undoubtedly provides great convenience for Chinese enterprises to conduct cross-border business overseas. "In regulatory practice, some companies lack sufficient understanding of the legal nature of their cross-border data transmission business, making it difficult to accurately determine which data cross-border transmission flow mechanism is applicable," said Wang Xizinc. In order to address the issue of unclear standards for the application of cross-border data flow mechanisms at the legal implementation level, the Regulations will not require the application of data export security assessments, personal information export standard contracts

Edit:Yi Jing    Responsible editor:Li Nian

Source:XinhuaNet

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