中圖分類號：D99;TP309.2文獻(xiàn)標(biāo)識碼：ADOI:10.19358/j.issn.2097-1788.2024.08.012
引用格式：楊子碩.數(shù)據(jù)隱私框架體系視角下數(shù)據(jù)跨境流動規(guī)則分析與中國啟示［J］.網(wǎng)絡(luò)安全與數(shù)據(jù)治理，2024，43（8）：69-75.

Analysis of data cross-border flow rules from the perspective of Data Privacy Framework system and its implications for China

Abstract： The European Union and the United States have recently established a system of cross-border data flows, including the Data Privacy Framework and Executive Order 14086, which fills a legal gap in bilateral data flows. The new system is better than the previous agreement by revising the details of the rules and introducing a dual remedy mechanism, but there are still institutional pitfalls such as the lack of independence of the Data Protection Review Court. The EU and the U.S. have consistently disagreed on data governance models, and the Data Privacy Framework system fully demonstrates the negotiation game between the two sides, especially the tug-of-war over the design of the rule system. The separate data governance policies of the EU and the U.S. reveal that there is no set rule for cross-border data flows, and China can take this opportunity to explore and improve the path of data flow regulation that meets its own needs. The bilateral negotiation strategy of the Data Privacy Framework system and the EU′s stance on data privacy can also serve as a reference for China, and provide a good reference for China′s digital cooperation with the EU and other countries in the future.

Key words : Cross-border flow of data; Data Privacy Framework; Executive Order 14086; data governance; EU-U.S. game