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Personal Data Protection and Related...

Dai, Yihan.

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Personal Data Protection and Related Legislation in China: the Implications for International Trade Law.

Record Type:	Electronic resources : Monograph/item
Title/Author:	Personal Data Protection and Related Legislation in China: the Implications for International Trade Law./
Author:	Dai, Yihan.
Published:	Ann Arbor : ProQuest Dissertations & Theses, : 2020,
Description:	367 p.
Notes:	Source: Dissertations Abstracts International, Volume: 82-12, Section: A.
Contained By:	Dissertations Abstracts International82-12A.
Subject:	International law. -
Online resource:	https://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=28150288
ISBN:	9798738647277

Personal Data Protection and Related Legislation in China: the Implications for International Trade Law.
Dai, Yihan.

Personal Data Protection and Related Legislation in China: the Implications for International Trade Law. - Ann Arbor : ProQuest Dissertations & Theses, 2020 - 367 p.

Source: Dissertations Abstracts International, Volume: 82-12, Section: A.

Thesis (Ph.D.)--University of Macau, 2020.

This item must not be sold to any third party vendors.

Currently international trade cannot survive without cross-border data flows. The ongoing convergence of different industries and technologies, teeming with the emergence of new products and services, defies accurate classification between goods and services. Cross-border data transfers often encompass cross-sectional issues of privacy law, personal data protection law, trade law, to mention but a few. Therefore these laws of several nations and regions must be considered together. In recent years, the People's Republic of China (PRC) has made good progress in enhancing its personal data protection through adopting related laws, regulations and guidelines, especially in the digital field. Like numerous other governments such as those of Russia, Australia, South Korea, India, Brazil, Canada, Vietnam, Indonesia, Brunei, or Iran, the one of the PRC endeavours to regulate cross-border data transfers through direct and indirect data localization requirements. It is these restrictions on cross-border data transfers imposed domestically that have aroused great controversy because such restrictions might violate countries' treaty obligations and eventually impede international trade. Moreover, international trade may be further impeded by the fact that the existing world's international legal system is highly fragmented in nearly all areas, including data protection and cross-border data transfers. This fragmentation makes it very hard to harmonize the objectives of data protection laws with those of international trade liberalization in the near future.As the most important laws governing these issues are usually adopted at the domestic level, it is important to prudently draft such data protection laws and regulations and to intelligently apply them so that countries can unlock the benefits of both technological innovation and global digital trade. For example, Artificial Intelligence (AI), big data and other new data-fueled technologies benefit a lot from PRC's relaxed data privacy legislation and its system of Internet censorship. As data - particularly personal data - are now the most valuable assets of the digital age, data protection legislation is becoming one of the most important sources of competitive advantage of individual nations in the context of international trade and could have far-reaching implications for country's competitiveness in today's global digital economy. Overly stringent data privacy legislation might seriously weaken the development of digital economy, as well as international trade while too loose rules for the use of personal data might undermine privacy and data security. The most important goal is to find a perfect balance between data protection on the one hand and the liberalization of international trade on the other.

ISBN: 9798738647277Subjects--Topical Terms:

560784
International law.
Subjects--Index Terms:

International trade

Personal Data Protection and Related Legislation in China: the Implications for International Trade Law.
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520 $a Currently international trade cannot survive without cross-border data flows. The ongoing convergence of different industries and technologies, teeming with the emergence of new products and services, defies accurate classification between goods and services. Cross-border data transfers often encompass cross-sectional issues of privacy law, personal data protection law, trade law, to mention but a few. Therefore these laws of several nations and regions must be considered together. In recent years, the People's Republic of China (PRC) has made good progress in enhancing its personal data protection through adopting related laws, regulations and guidelines, especially in the digital field. Like numerous other governments such as those of Russia, Australia, South Korea, India, Brazil, Canada, Vietnam, Indonesia, Brunei, or Iran, the one of the PRC endeavours to regulate cross-border data transfers through direct and indirect data localization requirements. It is these restrictions on cross-border data transfers imposed domestically that have aroused great controversy because such restrictions might violate countries' treaty obligations and eventually impede international trade. Moreover, international trade may be further impeded by the fact that the existing world's international legal system is highly fragmented in nearly all areas, including data protection and cross-border data transfers. This fragmentation makes it very hard to harmonize the objectives of data protection laws with those of international trade liberalization in the near future.As the most important laws governing these issues are usually adopted at the domestic level, it is important to prudently draft such data protection laws and regulations and to intelligently apply them so that countries can unlock the benefits of both technological innovation and global digital trade. For example, Artificial Intelligence (AI), big data and other new data-fueled technologies benefit a lot from PRC's relaxed data privacy legislation and its system of Internet censorship. As data - particularly personal data - are now the most valuable assets of the digital age, data protection legislation is becoming one of the most important sources of competitive advantage of individual nations in the context of international trade and could have far-reaching implications for country's competitiveness in today's global digital economy. Overly stringent data privacy legislation might seriously weaken the development of digital economy, as well as international trade while too loose rules for the use of personal data might undermine privacy and data security. The most important goal is to find a perfect balance between data protection on the one hand and the liberalization of international trade on the other.
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653 $a Regulatory divergence
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