Cross-Border Data Transfers Regulations in the Context of International Trade Law: A PRC Perspective

This book explores the cross-border data transfer legislation of the PRC and its implications for international trade law, focusing on the convergence of industries and technologies, conflicts between goods and services, and the General Agreement on Tariffs and Trade (GATT) and General Agreement on Trade in Services (GATS). It also examines FTAs that entered into force after 2012 to regulate digital trade and analyzes their rules of relevance for cross-border data flows and international trade.

Format: Paperback / softback
Length: 169 pages
Publication date: 04 November 2022
Publisher: Springer Verlag, Singapore

This comprehensive book delves into the intricate realm of cross-border data transfer legislation in the People's Republic of China (PRC) over the past few years, as well as its profound implications for international trade law. It explores the ever-increasing convergence of industries and technologies, particularly driven by the transformative power of digitization, the complex dynamics between goods and services, and the challenges posed by the General Agreement on Tariffs and Trade (GATT) and General Agreement on Trade in Services (GATS) in classifying service sectors within the framework of World Trade Organization (WTO) member commitments. Furthermore, the book scrutinizes the Free Trade Agreements (FTAs) that came into force after 2012, specifically focusing on their regulations pertaining to digital trade beyond the jurisdiction of the WTO. It analyzes the rules of relevance for cross-border data flows and international trade within these FTAs, raising important questions about whether and how they have deliberately responded to the growing significance of data flows and the complexities of governing them in the context of global governance.

The book begins by providing a historical backdrop, tracing the evolution of cross-border data transfer legislation in the PRC and its relationship to international trade law. It highlights the significant developments, such as the implementation of the Cybersecurity Law and the Data Security Law, which have aimed to safeguard national security and protect personal data. These laws have raised concerns about the potential impact on international trade, particularly in the context of data flows and intellectual property rights.

In the subsequent chapters, the book delves into the complex issues surrounding cross-border data transfer. It examines the challenges posed by the increasing interdependence of industries and technologies, particularly in the context of digital commerce. It explores the conflicts between goods and services, particularly in the realm of intellectual property rights, and the implications for international trade agreements. The book also examines the role of the WTO in regulating cross-border data flows and the difficulties encountered in classifying service sectors under its member commitments.

To address these challenges, the book analyzes the FTAs that have been negotiated and implemented after 2012. It examines the rules and provisions that regulate digital trade, including provisions related to data protection, intellectual property rights, and e-commerce. The book assesses the relevance of these FTAs for cross-border data flows and international trade, highlighting both the opportunities and the risks associated with these agreements.

Throughout the book, the authors employ a multidisciplinary approach, drawing on legal, economic, and technological perspectives to provide a comprehensive analysis of the subject matter. They offer insightful insights and recommendations to policymakers, businesses, and scholars, aimed at promoting a harmonious and sustainable global trade environment.

In conclusion, this book is a valuable resource for anyone interested in understanding the complex dynamics of cross-border data transfer legislation and its implications for international trade law. It provides a comprehensive examination of the PRC's cross-border data transfer legislation, the convergence of industries and technologies, the issue of conflicts between goods and services, and the role of the WTO and FTAs in regulating digital trade. By analyzing the rules of relevance for cross-border data flows and international trade within these agreements, the book offers valuable insights and recommendations to policymakers, businesses, and scholars, aimed at promoting a harmonious and sustainable global trade environment.

Weight: 291g
Dimension: 235 x 155 (mm)
ISBN-13: 9789811649974
Edition number: 1st ed. 2022