Global Data Cross-Border Flow Cooperation Initiative

With the penetration of digital technology into various aspects of human production and life, the global digital economy is developing rapidly, and the digital society is gradually becoming a new space for people to share civilizational progress. Data, as a key element of the digital economy, is playing an increasingly important role in innovation development and public governance. The cross-border flow of data is crucial for various aspects such as e-commerce, digital trade, and economic, technological, and cultural exchanges between countries. It not only effectively reduces trade costs and enhances the ability of enterprises to engage in international trade, but also helps promote trade facilitation, accelerate industrial digitization transformation, bridge the digital divide, and achieve a new form of globalization driven by data flow. Currently, the international community is actively exploring the establishment of global rules and order in the digital field. Practices such as the United Nations' release of the "Global Digital Compact", World Trade Organization e-commerce negotiations, and bilateral initiatives such as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the Digital Economy Partnership Agreement (DEPA) are all underway, reflecting the common will and choice of countries or regions to promote global cooperation in cross-border data flow and facilitate cross-border data flow. We note that while promoting the practice of global cross-border data flow, countries generally pay attention to risks such as national security, public interests, personal privacy, and intellectual property rights. We believe that the international community should, based on full respect for the different policies, laws, and practices adopted by different countries and regions due to specific national conditions and social situations, sincerely listen to the interests and demands of all parties regarding data security and development, and promote consensus among countries and regions through negotiation on rules for cross-border data flow. We call on countries to uphold the principles of openness, inclusiveness, security, cooperation, and non-discrimination, balance the relationship between digital technology innovation, digital economic development, digital social progress, and the protection of national security, public interests, personal privacy, and intellectual property rights, and achieve legal policy objectives while promoting cross-border data flow. We look forward to governments, international organizations, enterprises, civil society organizations, and other stakeholders adhering to the concept of consultation, joint construction, and shared benefits, playing their respective roles, promoting global cooperation in cross-border data flow, working together to establish an efficient, convenient, and secure mechanism for cross-border data flow, creating a win-win scenario in international cooperation in the data field, and promoting the benefits of the digital dividend for people in all countries. Therefore, we propose that governments of all countries: 1. Encourage the cross-border transmission of data through electronic means for normal commercial and social activities to provide new impetus for global e-commerce and digital trade and sustainable economic growth for all countries. 2. Respect the differences in the systems related to cross-border data flow between countries and regions. Support the free flow of data that does not involve national security, public interests, and personal privacy. Allow regulation of cross-border data flow to achieve legitimate public policy objectives, provided that the regulatory measures do not constitute arbitrary or unreasonable discrimination or impose disguised restrictions on trade, and do not exceed the limits required to achieve the objectives. 3. Respect the necessary security measures taken by countries to protect non-personal data related to national security and public interests, in order to ensure the safe and orderly cross-border flow of such data. 4. Respect the measures taken by countries to protect individual privacy and other personal information rights, encourage countries to provide convenient ways for the cross-border transfer of personal information while protecting personal information, establish sound laws and regulatory frameworks for personal information protection, encourage the exchange of best practices and good experiences in personal information protection, enhance the compatibility between personal information protection mechanisms and rules, and promote mutual recognition of relevant standards, technical regulations, and qualification assessment procedures. Encourage enterprises to obtain certification for personal information protection to demonstrate compliance with personal information protection standards and ensure the safe and orderly cross-border flow of personal information. 5. Encourage the exploration of establishing a negative list for the management of cross-border data flow to facilitate efficient, convenient, and secure cross-border data flow. 6. Collaborate to create an open, inclusive, secure, cooperative, and non-discriminatory environment for data circulation and utilization, jointly maintain a fair and just market order, and promote the normative and healthy development of the digital economy. 7. Improve the transparency, predictability, non-discrimination, and interoperability of various measures for managing cross-border data flow, as well as the policy framework. 8. Actively engage in international cooperation in the field of cross-border data flow, support developing countries and least developed countries in effectively participating in and using cross-border data flow to promote digital economic growth, encourage developed countries to provide capacity building and technical assistance to developing countries, especially least developed countries, bridge the digital divide, and achieve fair and sustainable development. 9. Encourage the use of digital technology to promote innovative applications for cross-border data flow, enhance technological capabilities to ensure efficient, convenient, and secure cross-border data flow, promote international recognition of standards for evaluating the technological and security capabilities related to cross-border data flow, and strengthen intellectual property protection. 10. Oppose the securitization of data issues, oppose the differentiation of restrictive policies on cross-border data flow targeting specific countries or enterprises in the absence of factual evidence, and implement discriminatory restrictions, prohibitions, or other similar measures. 11. Prohibit illegal activities such as setting backdoors in digital products and services, exploiting vulnerabilities in digital technology infrastructure to illegally access data, jointly combat illegal activities in the field of cross-border data, and protect the legitimate rights and interests of citizens and enterprises of all countries. We are willing to engage in and deepen exchanges and cooperation in the field of cross-border data flow with all parties based on the above proposals, and we call on countries and regions to respond to and confirm the above proposals through bilateral or regional agreements, arrangements, and other forms. International organizations, enterprises, civil society organizations, and other stakeholders are welcomed to support this proposal. Source: "Net China" WeChat public account; GMTEight Editor: Huang Xiaodong.