中圖分類號：D996文獻(xiàn)標(biāo)識碼：ADOI:10.19358/j.issn.2097-1788.2025.10.013
引用格式：蔡亞岑. 數(shù)字主權(quán)視角下歐盟個人數(shù)據(jù)跨境流動規(guī)制之惑［J］.網(wǎng)絡(luò)安全與數(shù)據(jù)治理，2025，44（10）：80-86.

The confusion of EU regulations on crossborder flow of personal data from the perspective of digital sovereignty

Abstract： Guided by digital sovereignty, the European Union has improved the internal mechanism of GDPR and promoted its crossborder rules for personal data through FTA, and expanded privacy exception clauses to enhance the effectiveness of the rules. However, its regulation has led to the localization of "soft" data, which is not conducive to maintaining digital sovereignty. The root of the problem lies in the dual nature of the EU′s digital sovereignty goals—protecting citizens′ privacy while promoting the development of the digital economy, which are inherently conflicting. At the same time, the relativist sovereignty application model adopted by the EU is inconsistent with the digital sovereignty interests of most economies, which can easily trigger resistance and further undermine its sovereignty goals. In view of this, China should firstly improve its concept of digital sovereignty, and secondly, based on the interests of China′s digital sovereignty, improve the interpretation of China′s rules for the cross-border flow of personal data. At the international level, the approach of invoking exception rules can be adjusted, and the EU′s practice of "rights based" sovereignty claims in FTAs can be appropriately drawn on.

Key words : digital sovereignty; cross border flow of personal data; GDPR；data localization