ANALYSIS OF THE CONFLICT BETWEEN DATA SOVEREIGNTY AND LONG-ARM JURISDICTION
DOI:
https://doi.org/10.5281/zenodo.16152543Keywords:
Data sovereignty long-arm jurisdiction cross-border data flows global data governance GDPRAbstract
Data sovereignty and cross-border data flow governance have become key issues in the global digital age. This article analyzes the theoretical divisions and practical conflicts between data sovereignty and data freedom. On the one hand, the theory of data sovereignty extends from traditional sovereignty to technological sovereignty, emphasizing the state's jurisdiction over data; on the other hand, the theory of data freedom has been alienated in practice into the long-arm jurisdiction implemented by the United States and Europe through the Cloud Act and GDPR, forming a new type of digital hegemony. Research shows that the practices of various countries are divided into two models: the "indirect governance" of the European Union and the "direct control" of emerging countries, and there is a trend of mutual learning and integration. In the face of governance fragmentation caused by long-arm jurisdiction, countries need to build a data governance system that balances security and development, strengthen data cooperation through various innovative measures, and promote orderly flows while maintaining data sovereignty.
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