중국의 데이터 국외 이전(移轉) 법적 절차에 관한 소고

Recently, as Internet network technology has become a major driving force for national economic development, China has begun to stipulate various laws regulating internet networks and laws regulating data (information). Representatively, network and data protection basic laws such as the Cybersecurity , Data Security Law , and Personal Information Protection Law were enacted, in order to regulate the specific implementation of these basic laws, administrative regulations and sector regulations such as Regulation on Protecting the Security of Critical Information Infrastructure , Measures for Cybersecurity Review , Measures for the Security Assessment of Outbound Data Transfer were prepared. In particular, in relation to overseas transfer of data, the principle of ‘data can be stored in China in principle and transferred abroad through exceptional safety evaluation’ has been established, and specific details for overseas data transfer were stipulated through the sub-statute Measures for the Security Assessment of Outbound Data Transfer . Furthermore, the Guidelines of the Cyberspace Administration of China for Application of Data Exit Security Evaluation (First Edition) was enacted to establish practically necessary procedures. Understanding the legal and practical procedures related to data transfer abroad in China means a lot to us, whose exchanges with China account for a significant proportion. However, China's current network and data-related laws are too focused on protection and control, and there is a high possibility that the discretionary powers of government departments in charge of overseas transfer of data will be exercised arbitrarily. Therefore, in order to prevent related damages to Korean companies and citizens in advance, it is possible to devise a plan to increase the use of data by concluding a ‘Korea-China Data Use Agreement’.