Data, as the key production factor, has become a new engine to drive economic growth. Focusing on the impact of cross-border data flows on economic development, national security and data sovereignty, this paper aims to focus on analyzing the current legal status of cross-border data flows in China, with the aim of exploring the key paths for China to seek a balance between security and development and to optimize the regulatory framework for cross-border data governance.
This study analyzes China’s cross-border data flow governance by reviewing primary sources, including national laws and official documents and secondary sources such as academic literature. It combines doctrinal, descriptive, socio-legal and comparative approaches to examine legal frameworks, policy drivers and international implications.
The research findings reveal a significant shift in China’s governance model, from a restrictive, security-centered approach toward a “data developmentalism” paradigm that seeks to balance national security with economic growth. This transition is driven by multiple factors, including a priority on economic growth, a continuous pursuit of technological innovation, and the increasing need for data cooperation in the context of the global digital economy. China’s evolving cross-border data flow governance framework not only strengthens its engagement in global digital trade but also provides a model for other countries aiming to reconcile national security with economic development.
The importance of cross-border data flows in the digital era to the growth of digital economy of all countries is inestimable, this paper systematically combs through the current legal status of cross-border data flows in China and explores the feasible path of balancing the security and development paths by taking the security potential pairs of cross-border data flow, which is of great concern to the state, as an entry point.
