《中欧全面投资协定》数字金融核心规则解析 ——基于和RCEP/CETA比较

《中欧全面投资协定》(CAI)给中欧的金融服务投资带来了机遇,聚焦于数字金融领域,通过比对CAI与中欧和第三方经济体签订的协议(包括RCEP和CETA),分析CAI数字金融核心规则的变化与未来走向。研究认为,CAI具有的显著特征,一是承诺内容与既有RTAs呈现相互交错的关系; 二是欧盟对金融数据跨境流通持审慎态度,而中国基于正面清单的方式对金融数据流通服务作出市场准入承诺; 三是市场准入承诺超过中国既有的自主开放水平; 四是设置较全面且详细的金融安全监管内容。CAI的承诺仍存在不少保留,未来中欧就金融贸易规则构建进程中,双方在完善数据监管维护个人隐私安全方面需要继续协商和取得共识; 欧盟需要进一步提升对数据流通服务的开放水平,以及精确金融监管“审慎措施”。

Analysis on the core rules of digital finance in the China-EU Comprehensive Agreement on Investment:based on the comparison with RCEP/CETA

The China-EU Comprehensive Agreement on Investment(CAI)has brought many opportunities for China and EU's financial services investment. Focusing on the field of digital finance, this paper analyzes the changes in and future trends of the core CAI digital finance rules based on the comparison of CAI with the agreements signed between China, EU and third parties(including RCEP and CETA). This paper argues that the CAI has distinctive characteristics. First, the rules of CAI overlap with the committed content in the existing RTAs. Second, EU is cautious about the cross-border circulation of financial data, while China has made market access commitments for financial data circulation services based on a positive list. Third, the market access commitments have exceeded China's existing level of openness. Fourth, a more comprehensive and detailed financial security supervision content has been set up. There are still many reservations to the commitments of CAI. In the future construction process of the financial trade rules between China and EU, both parties should continue to negotiate and achieve consensus in terms of improving data supervision and maintaining personal privacy and security, and EU needs to further enhance the openness level of data circulation services and refine their "cautious measures" towards financial supervision.