西安交通大学学报（社会科学版）2026，Vol.46Issue(3)：173-182,10.DOI:10.15896/j.xjtuskxb.202603016
跨境数据流动场景中数据供应链的法律风险及韧性提升路径
Legal Risks in Data Supply Chains for Cross-Border Data Transfers and Strategies for Enhancing Resilience
摘要
Abstract
As a fundamental strategic resource for the nation,data has been incorporated into the overarching framework for the development of the national digital economy and has become deeply integrated into it as a new factor of production.The data supply chain is a critical mechanism for ensuring the effective flow of data and maximizing its value.Building on an explanation of the key role of the data supply chain in the digital economy,this paper uses a series of data analyses and case studies to identify the legal risks facing the resilience of the data supply chain in cross-border scenarios and explores feasible pathways for enhancing its resilience. This paper examines the development of data supply chain resilience through normative and comparative analysis.By comparing traditional supply chains with data supply chains,it identifies three key factors that influence data supply chain resilience:data quality,critical nodes,and link stability.Building on this foundation,the paper analyzes the practical legal risks that impact efforts to enhance data supply chain resilience. Digital globalization and the development of the data economy have increased the complexity of data supply chains.In the context of cross-border data flows,the resilience of data supply chains faces multiple legal risks:regarding data quality,data authenticity and usability are compromised due to data contamination,inconsistent technical standards,and a lack of legal regulations,thereby affecting data volume;Regarding key nodes,the diverse business models of supply chain nodes and the frequent changes in the legal status of entities have increased the complexity of defining legal relationships and allocating liability among participants in the data supply chain from a legal perspective;regarding supply chain links,the fragmentation of cross-border data transmission rules and the continuous expansion of security review methods have created legal obstacles to the stability of the supply chain. To address these risks,there is an urgent need to establish a multidimensional resilience enhancement system:by unifying technical standards and strengthening international alignment of data standards,we should promote the development of standardized technical standards and mutually recognized rules for cross-border data transmission,and explore the establishment of a collaborative"technology-entity"standard system for data quality;clarify the responsible entities and accountability at each stage of the data supply chain;strengthen the legal framework for entity accountability;establish a responsibility-sharing system that combines contractual obligations with statutory responsibilities enforced through public authority;optimize the domestic and international institutional environment for enhancing data supply chain resilience;rationally configure data supply chain links,appropriately extend or shorten the length of the data supply chain,scientifically add or remove relevant links,and dynamically adjust the chain to enhance operational efficiency and stability;improve data supply chain security early warning and assessment mechanisms to effectively mitigate risks and enhance the capacity to ensure the security of cross-border data flows.Systematic resilience-building not only ensures the efficient circulation of data as a production factor but also provides a solid foundation for the sustainable development of the digital economy. This paper focuses on the resilience of data supply chains in the context of cross-border data flows and systematically constructs a research framework comprising"operational mechanisms-real-world risks-pathway optimization".In terms of research perspective,this paper transcends the static analytical approach of traditional data security research and constructs a new framework for cross-border data governance that better aligns with practical needs by focusing on the dynamic resilience of supply chains.Using data supply chain resilience as the analytical foundation,the paper comprehensively reveals the potential legal risks of data supply chains by examining the structure of data supply chains and the mechanisms underlying resilience formation,while integrating the dynamic processes of supply chain resilience with the characteristics of cross-border data flow.Regarding pathway optimization,this study innovatively applies supply chain management theory to the field of data governance and proposes targeted,actionable solutions for addressing data supply chain risks from a systemic perspective.It aims to provide new institutional explorations at both theoretical and practical levels to ensure the rule of law for data supply chain resilience.关键词
跨境数据流动/数据供应链/供应链韧性/数据要素/数据质量/数据安全/数字经济Key words
cross-border data flows/data supply chain/supply chain resilience/data elements/data quality/data security/digital economy分类
社会科学引用本文复制引用
张若琳,方婷..跨境数据流动场景中数据供应链的法律风险及韧性提升路径[J].西安交通大学学报（社会科学版）,2026,46(3):173-182,10.基金项目
国家社会科学基金青年项目(21CFX057). （21CFX057）
