中圖分類號：TP18; D922.17文獻標志碼：ADOI:10.19358/j.issn.2097-1788.2026.03.011
中文引用格式：宋延敏. 生成式人工智能數據跨境流動的法律風險與規(guī)制路徑［J］.網絡安全與數據治理，2026，45（3）：73-80.
英文引用格式：Song Yanmin. Legal risks and regulatory paths for crossborder flow of Generative AI data［J］.Cyber Security and Data Governance，2026，45（3）：73-80.

Legal risks and regulatory paths for crossborder flow of Generative AI data

Abstract： Generative Artificial Intelligence (AI), as a cuttingedge technology, is only possible due to the continuous and rapid updating of vast amounts of data. However, as Generative AI becomes more prevalent, the volume of crossborder data flows is increasing. The crossborder flow of Generative AI data brings economic value and social benefits, but also poses legal risks. First, personal information may face risks of leakage and misuse during crossborder transmission. Second, there is a risk of negative impacts on the generative AI industry. Third, crossborder data flows pose risks to national security and digital sovereignty. However, the legal and policy frameworks for crossborder data flows are not yet complete. This paper proposes some solutions to address these risks, both domestically and internationally, to ensure the sustainable development of crossborder data flows. Domestically, we should further establish a regulatory framework for the crossborder flow of generative AI data; internationally, we should strengthen cooperation to promote mutual recognition of crossborder data security standards.

Key words : Generative Artificial Intelligence; crossborder data flow; data sovereignty; legal regulation