英文摘要 |
Cross-border data flow faces the risk of infringement of data rights and interests outside one state's territory, so cross-border data protection will be required. The EU GDPR has developed dual models of protection of cross-border data transmission: the territorial extension model and the extraterritoral equivalence model, which follow Article 3 of GDPR as the applicable condition. The territorial extension model can theoretically provide a higher standard of protection, while the extraterritoral equivalence model is better in practice. When there is a possibility that both models may be applied, on the one hand, the application of the extraterritoral equivalence model should be preferred from the perspective of legal realism; On the other hand, the practice of reinforcing the territorial extension model should be the direction of long-term. Accordingly, at the domestic level, we should concentrate on enhancing the representative system for its convergence to extraterritorial jurisdiction, and give complete play to the positive role of the representative system in facilitating the extraterritorial application of the territorial extension model; At the international level, we should actively participate in international cooperation on data protection and ensure the execution of the territorial extension model effectively through the cooperation with other countries' data protection authorities. |