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Article
Application of U.S. Long-Arm Jurisdiction in Cross-Border Data Flows and China’s Response
Author(s)
CHEN Si
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DOI:10.17265/1548-6605/2022.02.001
Affiliation(s)
University of International Business and Economics, Beijing, China
ABSTRACT
In recent years, to implement the “America first” policy, the U.S. has relied on its dominant position in the cross-border flow of data, adopted the principle of minimum contacts, and depended on a relatively effective system of legal implementation to frequently exercise long-arm jurisdictions in the field of cross-border data flow for restraining China. To resist such, China should turn from passivity into activity of also building a legal system for the extraterritorial application of domestic law in the field of cross-border data flow. This includes improving the relevant rules, establishing extraterritorial jurisdiction of data enforcement, and granting full authority to China courts of law.
KEYWORDS
cross-border data flow, long-arm jurisdiction, extraterritorial application
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