Abstract

In the global digital governance game, the Digital Economy Partnership Agreement (DEPA) features innovative designs for digital trade, aligning with China's goals of internal data sharing openness and external breaking of "rule locks". However, China currently exhibits significant legislative differences in the "Data Issues" section of DEPA's fourth module, adopting stricter regulatory measures for cross-border data flow and data localization. Addressing DEPA's "principle & exception" regulatory standards, this paper argues that legitimate public policy objectives can be aligned with DEPA through proportionality principles, WTO general exception clauses, etc. By innovating customs supervision methods and following the path of the Hainan Free Trade Port trial, connecting international trade new rules, orderly implementing law enforcement systems and supporting mechanisms to ensure data security and orderly flow, China can gradually align with DEPA.

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