DATA SOVEREIGNTY AND CROSS-BORDER DATA FLOWS UNDER THE MULTILATERAL GOVERNANCE FRAMEWORK: AN INTERNATIONAL LEGAL APPROACH BASED ON PLATFORM RESPONSIBILITY

Abstract

Abstract: In the context of the globalized digital economy, the tension between data sovereignty and cross-border data flows has become increasingly prominent. Building an effective multilateral governance framework has become a crucial issue urgently needed by the international community. This study focuses on exploring an international legal approach centered on platform responsibility, aiming to balance national data sovereignty requirements with the need for global data free flow. Through a comparative analysis of the EU's General Data Protection Regulation (GDPR), China's Data Security Law and Personal Information Protection Law, and related legislative practices in the United States, this article finds that current international data governance exhibits fragmentation, with significant differences among countries in data localization requirements, cross-border transfer conditions, and platform compliance obligations. The study proposes that the construction of a multilateral governance framework based on platform responsibility should adhere to the principle of "tiered governance": at the international legal level, unified data classification and cross-border flow standards should be established through a combination of soft and hard law; at the regional level, mutual recognition mechanisms and cooperation agreements should be promoted; and at the platform level, the "gatekeeper" responsibilities of transnational digital platforms should be strengthened, including obligations for data security, user rights protection, and regulatory cooperation. This article further demonstrates the necessity of a "dynamic balance" mechanism, which, while safeguarding national security and public interests, aims to standardize and facilitate cross-border data flows through tools such as adequacy determinations, standard contractual clauses, and binding corporate rules. The study argues that an international legal approach centered on platform responsibility can help bridge institutional differences across countries and provide a viable solution for building an inclusive, equitable, and sustainable global data governance system.