Protection of the Right to Data Privacy Under the Liberalization of Digital Trade

ZHANG Ming

Abstract: In the digital era, the free cross-border flow of data and the development of digital trade are complementary. Consequently, as an inherent demand for data privacy, trade liberalization is closely linked to the right to data privacy, and data privacy protection is increasingly becoming a trade issue. However, conflicting rule settings between the two create discrepancies and result in differing rule-making approaches. The concept of the right to data privacy provides guidance and evaluative functions for the development of trade liberalization, facilitating the healthy development of digital trade. It is appropriate to treat the interaction between trade liberalization and data privacy protection in a rational way and to place them within independent systems at this stage. Data localization measures are an effective way to balance digital trade liberalization with the right to data privacy. As a data privacy protection measure, data localization has legitimacy within the trade law framework. Looking ahead, to achieve a harmonious advancement of digital trade liberalization and protection of the right to data privacy, all parties should uphold the premise of the national regulatory autonomy, and respect the data localization measures adopted by countries based on their own national conditions and personal data protection considerations.

Keywords: digital trade · right to data privacy · data localization measures · trade linkage