The main models of cross-border data transmission regimes: EU, USA and China

The subject of this article is the system of regulation of cross-border data flows and its legal regime. Data is a fundamental resource for the development of the digital economy. Today, with the great development of globalization, the presence of cross-border data flows in international trade is inevitable. However, the transfer of data abroad creates hidden threats to the confidentiality of personal information of citizens and national security. Many countries have established data transfer management systems to protect their own interests. Mature data transfer management regimes abroad often become an example for other countries. The adopted laws also served as a model for other countries. The most representative regimes currently exist in the EU, the USA and China, which demonstrate three ways of managing data. The purpose of this article is to compare the regimes of cross–border data transmission in the European Union, the United States and China in order to analyze the structure of the three representative regimes, as well as to study the causes of their formation and the consequences of their functioning. Considering the three systems makes it possible to show more clearly that the European Union, the United States and China have different value orientations, which directly led to the formation of three different legal systems. The free market and national security have become the main elements of national considerations in the development of laws on cross-border data. Based on the conducted research, it can be concluded that the regime of cross-border data transfer in the EU is the most complete and effective, having a demonstration effect. The Chinese system currently has serious flaws. And in recent years, US law has been increasingly focused on serving the interests of geopolitics. Laws on cross-border data transfer demonstrate trends in political instrumentalization. The Balkanization of the Internet is becoming more and more obvious.