Abstract:At present,a unified global regulatory system for cross-border data flow has not yet been formed,and the legal regulation of cross-border data flow in China remains incomplete. The article attempts to explore and analyze the nature of cross-border data flows,establish a“freedom-regulation”tension framework,and use it as a grip to review the governance of cross-border data flows in China,analyze and compare the governance models of the European Union,the United States,to provide suggestions for exploring the direction and path of governance in China and build a more standardized,sustainable Chinese legal system.China should adhere to the baseline of national security under the framework of“freedom-regulation”of cross-border data flow,clarify the inevitable path of strengthening regulation,and explore the freedom incentive model of public-private governance to find the balance of“freedom-regulation” framework.
文铭, 李星熠. “自由-规制”框架下跨境数据流动治理及中国方案[J]. 中国科技论坛, 2024(4): 106-116.
Wen Ming, Li Xingyi. Governance of Cross-Border Data Flows Under the “Freedom-Regulation” Framework and China's Solution. , 2024(4): 106-116.