自贸试验区的数据出境负面清单建设对数据跨境流动的影响和挑战

Abstract:As part of the important strategic layout of China’s opening up to the outside world，Pilot Free Trade Zones have played a key role in promoting trade and investment facilitation. However，with the accelerating flow of data and the proliferation of data volume，the regulatory issues arising from cross-border data flow have become more and more prominent. As a new mode of opening up to the outside world，the data negative list provides norms for the cross-border flow of data in the Pilot Free Trade Zones，ensuring the freedom and security of data flow to a certain extent. However，its construction also faces a series of challenges. This report combines the latest practice of Pilot Free Trade Zones to discuss the impact and challenges of the construction of negative data lists on cross-border data flows. The study shows that the negative list of cross-border data flow is of great significance in effectively promoting data convenience and protecting individuals’ privacy rights and interests，but at the operational level，there are problems such as unclear definition，insufficient enforcement and inconsistency of international rules. In order to improve the effectiveness of the formulation and implementation of the negative list system for cross-border flow of data in the Pilot Free Trade Zone，it is recommended that data classification and management requirements be further clarified，international cooperation and harmonisation of rules be strengthened，and the capacity building of enterprises in terms of data compliance be enhanced.

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