全球数据跨境流动治理研究综述

A Review of Research on the Governance of Global Cross-Border Data Flows

摘要: 随着信息技术的发展，数据作为一种新型生产要素，已经成为国家最重要的战略资源和核心竞争力的关键要素。近年来，数字经济迅猛发展，数据的跨境流动规模呈现指数型增长，对全球经济的贡献引人瞩目，数据跨境流动治理成为关系各国政治、经济、社会的重要议题。本文运用系统性文献综述的方法，从全球数据跨境流动主要治理模式、主要国家/地区的治理模式、主要贸易协定中相关规定以及我国治理现状等方面阐述全球数据跨境流动治理现状。通过分析发现，现全球主要研究重心在美国及欧盟，多数国家以美国模式或欧盟模式为参照，对我国申请加入的贸易协定研究也较少，且我国规制方式也存在一定缺点。未来研究中应从多个国家的治理模式入手，并针对性地研究我国申请加入的贸易协定，为我国数据跨境流动治理提出有效的建议。

Abstract: With the development of information technology, data, as a new type of production factor, has become the country’s most important strategic resources and key elements of core competitiveness. In recent years, with the rapid development of the digital economy, the scale of cross-border data flow has shown exponential growth, and its contribution to the global economy has attracted attention, and the governance of cross-border data flow has become an important issue related to the politics, economy and society of various countries. This paper uses the method of systematic literature review to explain the governance status of global cross-border data flow from the aspects of the main governance models of global cross-border data flow, the governance models of major countries/regions, the relevant provisions in major trade agreements, and the current governance status of China. Through analysis, it is found that the main research focus of the world is the United States and the European Union, and most countries use the US model or the EU model as a reference, and there is less research on the trade agreements that China has applied to join, and there are also certain shortcomings in China’s regulatory methods. In future research, we should start from the governance models of many countries, and study the trade agreements that China has applied to join, so as to put forward effective suggestions for the governance of cross-border data flow in China.