Application of U.S. Long-Arm Jurisdiction in Cross-Border Data Flows and China’s Response

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