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

Table of ContentsAbstract INTRODUCTION Chapter 1 The PRC's Legislation on Cross-Border Transfer 1.1 Overview 1.2 The PRC's Legislation on Cross-Border Transfer 1.2.1 Laws and Regulations 1.2.2 Non-binding Guidelines 1.2.3 Increasingly Tight Restrictions on Cross-Border Data Transfers 1.3 Interim Remarks Chapter 2 The Cross-border Data Transfer in the Context of International Trade - the PRC Perspective 2.1 Cross-border Data Transfer Legislation in the Context of International Trade 302.1.1 General Remarks 2.1.2 The PRC and the WTO 2.1.3 The Tradability of Data 2.1.4 Data as a Service 2.1.5 Cross-border Data Transfers: Service or Good? 2.1.6 Cross-border Data Transfers and the GATS 2.1.6.1 The Four Modes of the GATS 2.1.6.2 The Technological Advances and the GATS 2.1.6.3 Most Favoured Nation (MFN), Market Access and National Treatment (NT) in the GATS 2.1.6.4 The GATS Annex on Telecommunications 2.1.6.5 The PRC's GATS Commitments - Computer and Related Services 2.1.6.6 Cross-border Data Flows and Trade Debate 2.1.6.7 Exceptions to the GATS Framework 2.2 The Information Silk Road 2.3 A Comprehensive Outlook on Development 2.4 Interim Remarks Chapter 3 The Regulation of Cross-border Data Flows in the Context of Free Trade Agreements 3.1 Overview 3.2 FTAs and Cross-border Data Transfers 3.2.1 General Remarks 3.2.2 E-commerce Chapters 3.2.2.1 The Development of E-commerce Chapters in FTAs 3.2.2.2 United States-Involved FTAs after 2012 3.2.2.3 EU-Involved FTAs 3.2.2.4 Other FTAs 3.2.3 Commitments Made on Service Sectors 3.2.4 Economic and Technical Cooperation 3.2.5 Other Chapters 3.3 The Defects of Existing FTAs Chapter 4 Free Trade Agreements and Cross-border Data Transfers-The PRC Perspective 4.1 FTAs and RTAs in Which the PRC Is Involved 4.1.1 General

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 master's 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 year's stay at the University of Californian, San Diego as a visiting scholar, fully funded by China Scholarship Council.