Abstract:
As one of the rules for cross-border flow of personal information in the European Union, the standard contract has been introduced for the first time in China's legislation on personal information. However, the legislation faces the following challenges: conflicting values in standard contract regulations, limited availability of standard contract templates and applicability, issues with the frequency and eligibility of standard contract application, and unclear effectiveness in protecting the rights of data subjects. The legal structure of standard contracts should fulfill the role of regulating domestic actions and guiding overseas extensions. Resolving the legislative challenges of standard contracts for the cross-border flow of personal information should balance the values of the state, individuals, and the market; enrich the styles of standard contracts and expand alternative rules; construct both international and domestic rules for the cross-border flow of personal information; and optimize the effectiveness of protecting the rights of data subjects.