Analysis of Challenges and Compliance Pathways for China's Data Regulation in Alignment with RCEP Data Flow Rules

Abstract

With the rapid development of the digital economy, cross-border data flows have become a central issue in global economic and trade competition. The study utilizes the Security Exceptions Clause of the Regional Comprehensive Economic Partnership (RCEP) and China's Data Outflow Security Assessment System as entry points, examining the challenges and compliance pathways associated with flow regulations. Core issues. The study finds that there are two dilemmas in aligning China’s data regulations with RCEP rules. At the regulatory level, RCEP is based on the principle of free movement with security as an exception, while China prioritizes security and constrains free movement through evaluation. At the institutional level, issues such as unclear scope of "important data", lack of facilitation mechanisms, and insufficient regulatory coordination have resulted in high compliance costs for enterprises. In response to these issues, the national level should promote consensus on the interpretation of RCEP security exception clauses, clarify the leading department for data export, and improve the directory of “important data”. At the enterprise level, it is necessary to establish an internal compliance system, strengthen communication with regulatory authorities, and proactively apply for compliance certification. This study aims to provide a theoretical reference and practical guidance for enhancing the regulation of cross-border data flow in China and supporting enterprises in participating in international competition in compliance.