关键词: 数据管辖, 域外效力, 个人信息保护法, 数据安全法

Abstract: ［Purpose/Significance］Under the background that countries are expanding their extraterritorial jurisdiction by domestic legislation, it is of great value and practical significance to analyze the current situation and trend of data extraterritorial jurisdiction so as to improve the data extraterritorial jurisdiction system in China.［Design/Methodology］With the starting point of data jurisdiction in cyberspace, this paper presents the limitations of traditional jurisdiction rules in data flow, and then discusses the path of data extraterritorial jurisdiction according to international legal documents and domestic legislation.［Findings/Conclusion］At the international level, the order of data extraterritorial jurisdiction is suggested to be constructed in the form of multilateral treaties, and data needs to be regulated in a classified and categorized manner when it is to be transferred overseas. At the domestic level, the legislation in China is supposed to adopt bilinear data control mode for data in special industries and of certain amounts, reasonably determine the connecting points of data jurisdiction, and strengthen international data cooperation. ［Originality/Value］This study could provide a reference for making reasonable rules of data extraterritorial jurisdiction, promote a benign development of data governance, and ensure the data security of China.

Key words: Data jurisdiction, Extraterritorial effect, Personal Information Protection Law, Data Security Law