Legal Regulation of Cross-Border Data Flows Under Digital Trade Rules: A Comparative Study of China and the United Kingdom

Abstract This article examines the regulation of cross-border data flows under digital trade rules through a comparative analysis of China and the United Kingdom. As data governance becomes central to the global digital economy, tensions have emerged between trade liberalization and regulatory sovereignty. The article argues that the United Kingdom adopts a market-oriented, rights-based approach supported by risk-based regulatory mechanisms, whereas China’s framework remains largely state-centric and security-oriented, emphasizing data sovereignty and ex ante control. This divergence reflects fundamentally different regulatory logics and creates structural challenges for legal interoperability in digital trade. Through comparative and doctrinal analysis, the article demonstrates that such fragmentation undermines the development of coherent global data governance. It further contends that China’s framework, while effective in safeguarding national interests, faces growing pressure to adapt to evolving digital trade norms. Accordingly, the article proposes enhancing legal clarity, deepening risk-based mechanisms, and strengthening international coordination to better align with global standards while preserving core policy objectives.