粵港澳大灣區數據跨境流動的法治邏輯

The digital economy of the Guangdong-Hong Kong-Macao Greater Bay Area is experiencing robust growth under China’s new “dual circulation” development strategy, with the data factor market expanding steadily. The region has made significant strides in cross-border data flows, achieving remarkable progress in infrastructure connectivity, technological integration, and data sharing within specific sectors. These advancements have laid a solid foundation of information resources for establishing a unified Greater Bay Area market. This study focuses on critical issues such as data ownership, data transactions, rights and responsibilities, data classification, and taxation of digital services. It provides an in-depth analysis of the practical challenges facing cross-border data flows in the Greater Bay Area and proposes specific measures to address them. The article posits that, under the auspices of the central government, the proactive engagement of a diverse range of stakeholders across Guangdong, Hong Kong, and Macao is crucial for the removal of institutional and market barriers. Furthermore, it advocates for the pursuit of collaborative frameworks for cross-border data flows, particularly those involving personal information, in order to promote the high-quality development of the digital Greater Bay Area.