The Comparison and Conflicts of the Cross-border Criminal Data Retrieval between Europe and China Ruoxue Ma 1*

Abstract

With the background of the generalization of the concept of cybercrime, the high demand for cross-border data retrieval, and the poor operation of the traditional cross-border electronic evidence collection system, China and Europe changed the system of cross-border data retrieval. Currently, the forensic models of the two have institutional similarities, but they are fundamentally different. Besides, the European model conflicts with Chi - na’ s exit data protection rules such as the Data Security Law and the Personal Information Protection Law, and Chinese companies are facing a data compliance dilemma as a result. For this reason, this paper intends to adopt the research method of normative research and comparative research to explore the fundamental rea- sons for the existence of legal conflicts by combing and comparing the cross-border data retrieval legislation and practices of China and Europe, and to analyze the impacts of the two different forensic modes on the data compliance of Chinese enterprises. This paper suggests that enterprises build a dynamic compliance manage - ment system with full process coverage, and construct a long-term strategy for compliance-oriented to specific issues.