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Cross-Border Data Transfers Regulations in the Context of International Trade Law: A PRC Perspective Yihan Dai

Cross-Border Data Transfers Regulations in the Context of International Trade Law: A PRC Perspective By Yihan Dai

Cross-Border Data Transfers Regulations in the Context of International Trade Law: A PRC Perspective by Yihan Dai

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Summary

This book focuses on the PRCs cross-border data transfer legislation in recent years, as well as the implications for international trade law.

Cross-Border Data Transfers Regulations in the Context of International Trade Law: A PRC Perspective Summary

Cross-Border Data Transfers Regulations in the Context of International Trade Law: A PRC Perspective by Yihan Dai

This book focuses on the PRCs cross-border data transfer legislation in recent years, as well as the implications for international trade law. The book addresses the convergence of industries and technologies notably caused by digitization; the issue of conflicts between goods and services; and the General Agreement on Tariffs and Trade (GATT) and General Agreement on Trade in Services (GATS) as well as the difficulty of classifying service sectors under WTO members commitments. The book also examines the FTAs that entered into force after 2012 that regulate digital trade beyond the venue of the WTO and analyzes their rules of relevance for cross-border data flows and international trade. It asks whether and how these FTAs have deliberately reacted to the increasing importance of data flows as well as to the trouble of governing them in the context of global governance

About Yihan Dai

Yihan Dai is an associate research fellow of the East China University of Political Science and Law, with particular interests in data protection law and new technologies. She obtains a doctorate from the University of Macao. She holds a masters degree in International Business Law from the Chinese University of Hong Kong and a B.A. in Economic Law from the East China University of Political Science and Law. She had half a years stay at the University of Californian, San Diego as a visiting scholar, fully funded by China Scholarship Council.

Table of Contents

Table of ContentsAbstractINTRODUCTIONChapter 1 The PRCs Legislation on Cross-Border Transfer1.1 Overview1.2 The PRCs Legislation on Cross-Border Transfer1.2.1 Laws and Regulations1.2.2 Non-binding Guidelines1.2.3 Increasingly Tight Restrictions on Cross-Border Data Transfers1.3 Interim RemarksChapter 2 The Cross-border Data Transfer in the Context of International Trade the PRC Perspective2.1 Cross-border Data Transfer Legislation in the Context of International Trade 302.1.1 General Remarks2.1.2 The PRC and the WTO2.1.3 The Tradability of Data2.1.4 Data as a Service2.1.5 Cross-border Data Transfers: Service or Good?2.1.6 Cross-border Data Transfers and the GATS2.1.6.1 The Four Modes of the GATS2.1.6.2 The Technological Advances and the GATS2.1.6.3 Most Favoured Nation (MFN), Market Access and National Treatment (NT) in the GATS2.1.6.4 The GATS Annex on Telecommunications2.1.6.5 The PRCs GATS Commitments Computer and Related Services2.1.6.6 Cross-border Data Flows and Trade Debate2.1.6.7 Exceptions to the GATS Framework2.2 The Information Silk Road2.3 A Comprehensive Outlook on Development2.4 Interim RemarksChapter 3 The Regulation of Cross-border Data Flows in the Context of Free Trade Agreements3.1 Overview3.2 FTAs and Cross-border Data Transfers3.2.1 General Remarks3.2.2 E-commerce Chapters3.2.2.1 The Development of E-commerce Chapters in FTAs3.2.2.2 United States-Involved FTAs after 20123.2.2.3 EU-Involved FTAs3.2.2.4 Other FTAs3.2.3 Commitments Made on Service Sectors3.2.4 Economic and Technical Cooperation3.2.5 Other Chapters3.3 The Defects of Existing FTAsChapter 4 Free Trade Agreements and Cross-border Data Transfers-The PRC Perspective4.1 FTAs and RTAs in Which the PRC Is Involved4.1.1 General Remarks4.1.2 E-commerce Chapters4.1.2.1 The CEPA Hong Kong, the CEPA Macau and the Hong Kong-Macao CEPA4.1.2.2 The Other Thirteen FTAs4.1.2.3 Electronic Authentication and Electronic Signatures4.1.2.4 Cooperation on E-commerce4.1.3 Dispute Settlement4.1.4 Intellectual Property (IP) Chapters4.2 Regional Comprehensive Economic Partnership4.3 Interim RemarksChapter 5 Current Issues Related to Cross-border Data Transfers at the International Level5.1 Fragmentation of the Legal System5.2 The Necessity of Cross-border Data Transfers5.3 Challenges Facing Legislatures5.3.1 Cross-border Data Transfers and Emerging Concerns5.3.2 Evolution of Language in the Digital Age5.4 A Proposed Approach: Plurilateral Trade Agreements5.5 Interim RemarksChapter 6 ConclusionBIBLIOGRAPHYPrimary ResourceSecondary ResourceBooksArticlesReports, Webpages, Newspapers and Others

Additional information

NPB9789811649974
9789811649974
9811649979
Cross-Border Data Transfers Regulations in the Context of International Trade Law: A PRC Perspective by Yihan Dai
Yihan Dai
New
Paperback
Springer Verlag, Singapore
2022-11-04
169
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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