Advances in Economics, Management and Political Sciences

- The Open Access Proceedings Series for Conferences


Proceedings of the 2023 International Conference on Management Research and Economic Development

Series Vol. 25 , 13 September 2023


Open Access | Article

Dilemmas and Responses to China’s Cross-border Digital Trade Rules under the Perspective of the Personal Information Protection Law of the People’s Republic of China

Shujin Wang * 1
1 East China University of Political Science and Law

* Author to whom correspondence should be addressed.

Advances in Economics, Management and Political Sciences, Vol. 25, 123-131
Published 13 September 2023. © 2023 The Author(s). Published by EWA Publishing
This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
Citation Shujin Wang. Dilemmas and Responses to China’s Cross-border Digital Trade Rules under the Perspective of the Personal Information Protection Law of the People’s Republic of China. AEMPS (2023) Vol. 25: 123-131. DOI: 10.54254/2754-1169/25/20230486.

Abstract

The international community has not been able to reach agreement on digital trade rules due to the different choices of value positions and divergent economic interests. The chap-ter on "Rules on the cross-border provision of personal information" in the Personal In-formation Protection Law of the Republic of China provides the basic framework for re-stricting and regulating cross-border data flows in China. It reflects China's value orienta-tion of attaching importance to digital sovereignty and security. The country's determina-tion to further integrate into world trade and compete internationally for economic bene-fits and political status. However, the current rules in the Personal Information Protection Law still have unclear standards, excessive restrictions and conflicts with other laws and regulations. Due to the conservative values of China, there are many rules that are not compatible with the CPTPP rules. It is necessary to interpret Chapter 13 of the Personal Information Protection Law and the general rules, and complete the alignment of several laws and regulations based on the relationship between higher and lower laws and special and general laws. Meanwhile, it is also necessary to refine the specific standards for data flow in practice, so as to finally realize the alignment with the CPTPP.

Keywords

digital trade, personal information protection law, CPTPP

References

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Data Availability

The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.

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Volume Title
Proceedings of the 2023 International Conference on Management Research and Economic Development
ISBN (Print)
978-1-915371-93-5
ISBN (Online)
978-1-915371-94-2
Published Date
13 September 2023
Series
Advances in Economics, Management and Political Sciences
ISSN (Print)
2754-1169
ISSN (Online)
2754-1177
DOI
10.54254/2754-1169/25/20230486
Copyright
13 September 2023
Open Access
This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited

Copyright © 2023 EWA Publishing. Unless Otherwise Stated