국경 간 데이터이동의 법적 규제체계에 관한 소고 - 중국의 입법과 대응방안을 중심으로 -

The regulation of cross-border data flow has developed for more than 30 years, and two regulatory systems led by the European Union and the United States have been evolved. The differences between the two regulatory systems in terms of historical traditions, legislative purposes, and regulatory paths make the global governance of cross-border data flows a difficult problem. But even so, the United States and Europe have compromised and merged with each other. The “Safe Harbor Agreement” and the “Privacy Shield Agreement” signed have opened windows for international cooperation and provided a good reference for data legislation in other countries. In recent years, China has strengthened legislation on cross-border data flow. It is important to learn from European and American experience and adhere to the legislation and supervision concepts of “data security protection” and “promoting data utilization” simultaneously. The development and utilization of data should be used to promote data security, and to ensure the development and utilization of data and development of the industry with data security. At the same time, it is necessary to increase the level of corporate compliance, promote corporate self-discipline, actively carry out international cooperation, participate in the formulation of international rules, and explore the possibility of joining the cross-border data flow control system led by the US and Europe.