跨境电商数据流动的国际私法挑战与中国方案

International Private Law Challenges in Cross-Border E-Commerce Data Flows and China’s Solutions

摘要: 数字经济时代，随着跨境电商的迅猛发展，数据要素跨境流动日益频繁，但全球数据规制体系的碎片化导致规则冲突频发，严重阻碍数字市场准入。欧盟与美国侧重点各有不同，众多发展中国家陷入被动应对局面。中国作为跨境电商大国，亟需找到国际私法路径破解规则冲突困境。本文从跨境电商数据流动的国际私法挑战切入，结合国际规制经验，提出以冲突规范构建为基础、司法协助机制为支撑、区际私法协调为补充的中国方案。

Abstract: In the digital economy era, with the rapid development of cross-border e-commerce, the cross-border flow of data elements is becoming increasingly frequent. However, the fragmentation of the global data regulation system has led to frequent rule conflicts, which seriously hinder digital market access. The European Union and the United States have different focuses, and many developing countries are in a passive response situation. As a major player in cross-border e-commerce, China urgently needs to find a private international law path to break through the dilemma of rule conflicts. This paper starts with the private international law challenges of cross-border e-commerce data flows, and combines international regulatory experience to propose a Chinese solution based on conflict-of-law rules, supported by judicial assistance mechanisms, and supplemented by interregional private law coordination.