Description

The regulation of cross-border data transfers pursues the objectives of protecting personal privacy, facilitating international trade, and safeguarding data security. Traditionally, regulatory frameworks across different jurisdictions fall into two categories: the open model and the data localization model. Each model can only prioritize one or two of the three objectives, making it impossible to achieve a tripartite balance.

Based on the regulatory practices in China and Singapore, this research develops a balanced regulatory model for cross-border data transfers. Departing from the traditional “open versus localization” dichotomy, this model strives to achieve all three objectives simultaneously. It functions through three core mechanisms: improving regulatory precision and flexibility to deliver targeted and differentiated regulation, adopting institutional instruments such as regulatory sandboxes and pilot schemes, and clarifying the scope of data security in international cooperation frameworks.

This research elaborates on the core connotations and exploration process of this balanced model, and further analyzes its strengths, limitations, and practical constraints.