Trilemma and tripartition: The regulatory paradigms of cross-border personal data transfer in the EU,the U.S. and China |
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| Affiliation: | 1. Assistant Professor in European Economic Law and Scientific Coordinator of the Centre for Antitrust and Regulatory Studies, University of Warsaw;2. Director of the Integrated Master of Arts in Law and Associate Professor in Commercial Law, Bocconi University;1. Department of Law, Xi''an Jiaotong University, Xianning West Road, Beilin District, Xi''an City, Shaanxi Province, 710049, China;2. Department of Law, Xi''an Jiaotong University, Shaanxi Province, China;1. Institute for Chinese Legal Modernization Studies, law School of Nanjing Normal University, Collaborative Innovation Center for Regional Rule of Law in Jiangsu, No.1 Wenyuan Road, Nanjing 210023, China;2. School of Intellectual Property of Nanjing University of Science & Technology, Intellectual Property Development Research Center of Jiangsu Province, No.200 Xiaolingwei Street, Nanjing 210094, China;3. law School of Zhejiang University, No.51 Zhijiang Road, Hangzhou 310008, China;1. KoGuan School of Law, Shanghai Jiao Tong University, China;2. KoGuan School of Law, Shanghai Jiao Tong University , China |
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| Abstract: | The regulation of the cross-border transfer of personal data is a major issue of globalization in the digital era. The key point for lawmakers is how to choose two of the following three elements in the trilemma: personal data protection, free transborder flow of information and the expansion of national jurisdiction. The EU, the U.S. and China adopt their own decisions, resulting in three inherently incompatible legislative paradigms, which has led to the restricted flow of personal data around the world as well as the free flow in three different regions, with the EU, the U.S. and China as the center of each region. In this way, the regulating paradigms of cross-border personal data transfer presents a pattern of tripartition. |
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