Standard Contract Mechanism in China’s Cross-Border Data Flows: Legal Framework, Practical Challenges, and Institutional Optimization

This research provides a systematic legal inquiry into China’s Standard Contract Mechanism (SCM) for cross‑border data transfers, as established under the Personal Information Protection Law (PIPL) and associated implementing measures. The dissertation aims to systematically investigate the Standard Contract Mechanism of China, exploring its role in legal positioning, clause design, implementation effectiveness, institutional defects, optimization pathways, and international coordination. Employing methodologies of legal text analysis, case studies, comparative law, and empirical research, the study will propose pathways for improving China’s SCM and provide academic support for China’s participation in shaping global data governance rules.

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Publication Details

Journal
California Digital Library
Published
2026-07-22
DOI
https://doi.org/10.48321/d172326676
Primary Topic
Conflict of Laws and Jurisdiction
Type
article
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article

Standard Contract Mechanism in China’s Cross-Border Data Flows: Legal Framework, Practical Challenges, and Institutional Optimization

Boli Yang
California Digital Library
Conflict of Laws and Jurisdiction
article

Standard Contract Mechanism in China’s Cross-Border Data Flows: Legal Framework, Practical Challenges, and Institutional Optimization

Boli Yang
article en

Abstract

This research provides a systematic legal inquiry into China’s Standard Contract Mechanism (SCM) for cross‑border data transfers, as established under the Personal Information Protection Law (PIPL) and associated implementing measures. The dissertation aims to systematically investigate the Standard Contract Mechanism of China, exploring its role in legal positioning, clause design, implementation effectiveness, institutional defects, optimization pathways, and international coordination. Employing methodologies of legal text analysis, case studies, comparative law, and empirical research, the study will propose pathways for improving China’s SCM and provide academic support for China’s participation in shaping global data governance rules.

California Digital Library
Chinese University of Hong Kong (HK)
Peace, Justice and strong institutions
Openalex Percentile: Top 2%
Conflict of Laws and Jurisdiction
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