Cross-Border Data Dynamics : An Analysis of China's Cybersecurity Law under TBT Compliance* (Yin Zhan, Youngduk Jang)

• 작성일 2024.09.06
• 작성자관리자
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Abstract

This paper examines the controversies surrounding China’s Cybersecurity Law and evaluates whether this law violates the provisions of the Technical Barriers to Trade (TBT) Agreement. The primary reason countries consider China’s Cybersecurity Law as a TBT is due to its restrictions on cross-border data flows. The analysis reveals that the core issue behind differing national attitudes towards cross-border data flows lies in the significant differences in how key stakeholders define cybersecurity. Therefore, leading cyber powers should prioritize reaching a consensus on defining cybersecurity terms. Countries should enhance their cybersecurity strategies by issuing and refining relevant administrative regulations, departmental rules, and normative documents to provide a solid implementation foundation for network operators and law enforcement agencies. Additionally, given its significant economic relationship with China, the Korean government emphasizes the need for a balanced approach todata localization and cross-border data flow policies to ensure both national security and economic growth.

 

원문은 아래 링크(KCI)에서 확인 가능합니다.

Cross-Border Data Dynamics : An Analysis of China's Cybersecurity Law under TBT Compliance (kci.go.kr)