Author Bio: Ye Chuanxing, Professor, PhD, research interests in jurisprudence. Funded by: National Human Rights Education and Training Base Major Project (16JJD820029).Yan Wenguang，PhD Candidate, School of Law, Renmin University of China

Abstract: China has established a cross-border data system with “security assessment, standard contract, protection and certification” as its core and industry regulations as its supporting mechanism, which has resulted in a Chinese program that ensures security and promotes development. However, in the specific legislation, the system has a double imbalance in theory and practice. It lacks perfect basic theory support, and has not formed a systematic and complete system. In addition, there are disagreements in the application relationship between the systems, and it is difficult to connect the systems with the international rules due to their separation from the international rules. Data processors faces higher costs in compliance practices, making it difficult to achieve the desired results. Unlike various theoretical foundations of cross-border data, such as the “market discourse” of the United States and the “rights-centeredness” of the European Union, China should construct a data outbound transfer system based on its national conditions and the theory of data sovereignty under the system of clear balance of interests, and rectify the regulatory ideas of excessive security protection in practice. China also needs to improve the connection between the relevant systems and between domestic laws and international rules through measures such as separate security assessments, formulation of special industrial and local systems, and endeavor to reduce the compliance costs and ensure the implementation of the system.

Keywords: cross-border data; security assessment; standard contract; protection and certification; data sovereignty theory; compliance cost