China’s Response to Enterprise Cross-Border Data Flow Rules from the RCEP Perspective

Under the current social context, the importance of enterprise cross-border data flow has grown significantly with the increasing development of information technology and the deepening of globalization. However, to ensure the more comprehensive applicability and coherence of enterprise cross-border data flow under the RCEP treaty framework, more specific rule-making and policy implementation are required. First, an analysis of the relevant rules on enterprise cross-border data flow in RCEP reveals that the current framework on enterprise cross-border data flow presents a compatible relationship between general rules and exception clauses. Meanwhile, a study of domestic legal norms on enterprise cross-border data flow indicates that China’s current legal system for cross-border data circulation is structured with the National Security Law as the overarching principle, sectoral laws as the main body, and normative documents as supplementary provisions. Nevertheless, numerous issues persist in China regarding enterprise cross-border data flow, including the inherent limitations of RCEP at its current stage, as well as legal conflicts and coordination barriers between domestic laws and RCEP. Consequently, specific measures must be implemented to address these challenges. On one hand, refinement can be achieved by targeting RCEP’s exception clauses, including updating and optimizing legal provisions while thoroughly improving and clarifying the standards. On the other hand, efforts must also focus on strengthening the reform and implementation of domestic rules governing enterprise cross-border data circulation.