Key Cooperative Research Institute for Policy Studies of the Ministry of Foreign Affairs of the P.R.C (2022-2024)

Cai Cuihong and Guo Wei, “Cross-Border Data Regulation in Geopolitical Competition: Dynamics, Models and Prospects”

发布时间:2024-01-09浏览次数:10

Cai Cuihong and Guo Wei, "Cross-Border Data Regulation in Geopolitical Competition: Dynamics, Models and Prospects",Chinese Journal of Computer-Mediated Communication, Issue 2, 2023 (Gen. No. 23), pp.3-27. 


Abstract: The principle of technological centripetalism is the underlying de­terminant of cross-border data flows, and together with the cognitive preferences of states and international power competition, it shapes cross-border data regula­tion patterns. The European model with human rights protection as the first princi­ple, the American model with the free flow of cross -border data as the core, and the Chinese model with security and sovereignty as the foundation compete with each other in the arena of global data governance. Regardless of the original inten­tion of these cross-border data regulation systems, their key regulatory factors are the direction, speed and path of cross - border data flow. Nowadays, the global cross-border data regulation system has shown a trend of fragmentation, politiciza­tion and securitization, with further division and combination among various regu­latory bodies. The strategic competition among major countries around data re­sources and digital rules has become more and more intense. In this regard, China should increase investment in science and technology, refine the legal rules, and build a Chinese regulation system in favour of us. 

Keywords: Cross -border Data; Technology Centripetal Principle; Cognitive Preference; Fragmentation