國際法視野下歐盟數據治理立法發展及對中國的啟示

EU Progress in Legislation for Data Governance and Implications for China：In a Perspective of International Law

國際法視域下，對數據的規制場域包括雙邊、多邊貿易和區域合作機制。歐盟近年來在數據治理領域頻頻出臺新立法。以數據治理所涉領域的體系化分類為基礎，歐盟立法在數據治理方面有諸多進展，主要體現在促進對數據的合理利用與共享、強化大型網絡服務提供者的義務規範、維護公平的數字市場競爭秩序。歐盟數據治理立法中的新動向可為我國構建中國特色的數據治理體系以及積極參與數據治理的國際合作提供借鑒。

From the perspective of international law, data is regulated in arenas including bilateral, multilateral and regional trade cooperative mechanisms. EU has been one of the big players in data governance in recent years, with its new legislation drawing attentions and concerns as well. Based on a reasonable categorization of areas concerning data governance, new legislation procedures of EU in data governance have brought with several breakthroughs. In this respect, new rules for reasonable data use and interoperability, heavier obligations for large online platforms and large search engines, and maintenance of a fair and competitive internal data market are the most prominent. Breakthroughs of EU in legislation for data governance can provide us with some thoughts for upgrading the data regulation system with Chinese characteristics, as well as in promoting China to participate in more international cooperation mechanism for global data governance.