Research on the Compliance Path of Cross-border Data Flow under EU Law

In an increasingly digitized global economy, the seamless transfer of data across national borders has become integral to facilitating international commerce, digital service delivery, and economic progress. This study critically examines the legal structure established by the European Union (EU) for regulating international transfers of personal data, emphasizing key aspects of the General Data Protection Regulation (GDPR). Recognized globally for its rigorous protection standards, GDPR's extraterritorial application and reliance on adequacy determinations have nonetheless intensified global regulatory divergence. Despite widespread adoption, compliance instruments such as Standard Contractual Clauses (SCCs) and Binding Corporate Rules (BCRs) encounter notable operational difficulties when navigating diverse international legal contexts. The study identifies key challengessuch as lack of international harmonization, enforcement barriers, and the disproportionate compliance burden on SMEsand offers recommendations to enhance legal interoperability and policy convergence. Through comparative analysis and policy proposals, the paper calls for strengthened international coordination, global standardization of data transfer mechanisms, and integration of SCCs/BCRs into multilateral trade and governance frameworks. These efforts are essential for building a secure, transparent, and legally robust global data protection ecosystem.

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Publication Details

Journal
Advances in Economics Management and Political Sciences
Published
2025-05-15
DOI
https://doi.org/10.54254/2754-1169/2025.22954
Primary Topic
Regional Development and Environment
Type
article
Field-Weighted Citation Impact
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article

Research on the Compliance Path of Cross-border Data Flow under EU Law

Jiaran Gong
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Advances in Economics Management and Political Sciences
Regional Development and Environment
article

Research on the Compliance Path of Cross-border Data Flow under EU Law

Jiaran Gong
article en

Abstract

In an increasingly digitized global economy, the seamless transfer of data across national borders has become integral to facilitating international commerce, digital service delivery, and economic progress. This study critically examines the legal structure established by the European Union (EU) for regulating international transfers of personal data, emphasizing key aspects of the General Data Protection Regulation (GDPR). Recognized globally for its rigorous protection standards, GDPR's extraterritorial application and reliance on adequacy determinations have nonetheless intensified global regulatory divergence. Despite widespread adoption, compliance instruments such as Standard Contractual Clauses (SCCs) and Binding Corporate Rules (BCRs) encounter notable operational difficulties when navigating diverse international legal contexts. The study identifies key challengessuch as lack of international harmonization, enforcement barriers, and the disproportionate compliance burden on SMEsand offers recommendations to enhance legal interoperability and policy convergence. Through comparative analysis and policy proposals, the paper calls for strengthened international coordination, global standardization of data transfer mechanisms, and integration of SCCs/BCRs into multilateral trade and governance frameworks. These efforts are essential for building a secure, transparent, and legally robust global data protection ecosystem.

Advances in Economics Management and Political SciencesVol. 181(1)
University of Sheffield (GB)
Openalex Percentile: Top 86%
Regional Development and Environment
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