"Cross-Border Data Flow" made its first appearance in the Report on the Work of the Chinese Government

In the 2024 Report on the Work of the Government, "cross-border data flow" was mentioned for the first time. "Pursuing higher-standard opening up and promoting mutual benefits" was listed as one of the top ten tasks of the government's work this year, and "Steps will be taken to resolve issues such as cross-border data flows" is a key step in increasing foreign investment attraction.

According to incomplete statistics, a total of seven deputies to the National People's Congress and members of the National Committee of CPPCC have proposed suggestions related to "cross-border data flow".

Member of the National Committee of CPPCC and Chairman of the Shenzhen Municipal Committee of the Chinese People's Political Consultative Conference, Lin Jie.

Lin Jie suggests speeding up the establishment of a cross-border data flow rule system that coordinates development and security, actively exploring the establishment of cross-border data circulation trading mechanisms. At the same time, we should fully leverage the location advantages of Shenzhen adjacent to Hong Kong and Macao, relying on major cooperation platforms such as the Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone and the Hetao Shenzhen-Hong Kong Science and Technology Innovation Cooperation Zone to accelerate pilot cooperation in cross-border data flow and explore the construction of the "Guangdong-Hong Kong-Macao Greater Bay Area Data Special Zone". In addition, we can develop digital trade and the international data industry, explore the construction of offshore data centers and offshore data trading platforms.

Member of the National Committee of CPPCC and Vice President of Southern University of Science and Technology, Jin Li.

Jin Li suggests that a national pilot project on cross-border data security circulation can be carried out to explore the establishment of a whitelist system for non-important data.

For example, non-important data that has been jointly identified by the Cyberspace Administration of China, relevant industry regulatory authorities, and other departments can undergo security assessment and review through local data exchanges. After passing the compliance assessment process, they can be allowed to circulate cross-border within the exchange, and a national rapid review channel for cross-border data security can be established.

Member of the National Committee of CPPCC and President of the Shanghai Public Diplomacy Association, Zhou Hanmin.

Cross-border data flow is essential for both protection and promotion. It is recommended to formulate and release the "Important Data Certification Guidelines", clarify the evaluation criteria for important and non-important data, provide clear policy guidance for enterprises, explore the establishment of a "negative list for exemption from declaring data for outbound transfer", and establish a cross-departmental coordination mechanism for cross-border data flow.

Deputy to the National People's Congress and Technical Director of the Wireless Software Testing Team at Shenzhen Sanda Wireless Communication Technology Co., Ltd., Chen Shuxian.

The National People's Congress should start special legislation on data as soon as possible, and establish a national integrated data element registration system, formulate a national data element registration system, and provide guidance for various regions to carry out data element registration work. At the same time, improve the mechanism of cross-border data circulation rules and actively explore the mechanism of two-way cross-border data circulation.

Member of the National Committee of CPPCC and Chairman of PwC Greater China, Zhao Baiji.

Further improve the convenience of cross-border flow of funds, talents, data, and other elements. Continue to increase the support for foreign-funded enterprises and joint ventures to increase capital and expand production.

Member of the National Committee of CPPCC and Weibo CFO Cao Fei

"Cross-border data flow is necessary while ensuring national security. Legal protection for data export: Quickly introduce the new regulations for regulating and promoting cross-border data flow and optimize the company declaration process."

In addition, Shanghai declared during the two sessions that it has made some progress in facilitating cross-border data flow:

On March 6, the Shanghai delegation of the 14th National People's Congress held a plenary session in the afternoon to review the government's work report, which was open to domestic and foreign media.

Lianhe Zaobao:

The Shanghai Free Trade Zone and the Lingang New Area have successively released new regulations on the management of cross-border data flow. What new measures have been introduced? How does Shanghai plan to further facilitate cross-border data flow and attract more foreign companies to settle in or stay in Shanghai?

Yuan Guohua (Secretary of the Party Committee and Chairman of Shanghai Lingang Group, Deputy Secretary of the Party Working Committee of the Shanghai Free Trade Pilot Zone Lingang New Area):

Last year, President Xi Jinping inspected Shanghai, entrusting Lingang New Area with the special mission and significant task of further opening up. According to the requirements of national institutional opening-up, Lingang New Area has been promoting cross-border data flow. The main work is being advanced with the "123" approach: "1" is the international data economy industrial park currently being built, with nearly 60 companies already settled in. "2" is the establishment of two service centers, namely the cross-border service data assessment center and the comprehensive service center for cross-border data, providing full-process guidance for related enterprises in data guidance, assessment, and filing. "3" is to promote three systems, namely the regulations on cross-border data flow, graded and classified management methods, and guidelines for cross-border data operations, providing institutional guarantees for cross-border data flow.

The next step will focus on the goal orientation, demand orientation, and problem orientation of cross-border data, revolving around "three accelerations" to more conveniently serve various enterprises in promoting their cross-border data business development.

One is to accelerate the compilation of the ordinary data list and important data catalog for cross-border data. Currently, the first batch of lists and catalogs for cross-border flow grading and classification in 20 scenarios, including remote diagnosis of intelligent networked vehicles, public fund market investment research information, multinational corporate group management, and clinical trials and R&D in biomedicine, have been basically compiled and will be released soon after completion of the demonstration.

Two is to accelerate the alignment with high-standard economic and trade rules such as DEPA and CPTPP, explore the establishment of a cross-border electronic invoice interoperability platform, pilot digital identity cross-recognition, and expand the application scenarios of electronic bills of lading. Promote the construction of a blockchain cross-chain public service platform and actively participate in the national pilot of shipping trade digitalization.

Three is to accelerate the infrastructure and industrial development of cross-border data, including strengthening the construction of cross-border data flow infrastructure, promoting the construction of new submarine cable landing stations and direct submarine cables. Explore the construction of functional data centers for international offshore data business, accelerate the development of new data industries such as international data cloud services, computing services, and offshore data outsourcing. To build a public service platform for cross-border data flow, establish a data cross-border service center in the Lingang New Area, providing one-stop cross-border data services for enterprises, and ensuring the security of cross-border data flow.