涉外个人信息保护民商事纠纷的法律适用困境与路径优化

中图分类号：D923 文献标识码：A D0I：10.7535/j.issn.1671-1653.2025.03.009

Abstract： Facing the civil and commercial disputes over the foreign-related personal information protection，there are two parallel paths for the application of law in China： One is guided by the Law of the People's Republic of China on Application of Law for Foreign-Related Civil Relations ; The other is the direct application of the Personal Information Protection Law of the People's Republic of China. However，given the unclear internal logic and interrelationship of the two paths，there are three dilemmas in the application of law for the civil and commercial disputes over the foreign-related personal information protection in China： First， under the guidance of the rules of applicable law，the application of traditional connecting factors in the field of personal information is difficult； Second， under the direct application of the Personal Information Protection Law of the People's Republic of China，the expansion of extraterritorial effect clauses may cause conflicts of jurisdiction between states；Third， there are conflicts between the two paths under the dual nature of personal information. In response，on the one hand，based on national sovereignty，China should clarify legislative jurisdiction and follow the principle of proportionality to reduce contradictions and conflicts arising from unilateral expansion of jurisdiction between states;On the other hand， based on the basic logical paradigm of conflict norms，the connecting factors should be repositioned under the clear pursuit of dual-dimensional values，thereby constructing a progressive and complementary selection standard for the two paths.

Keywords： personal information； foreign-related civil and commercial disputes；application of law; jurisdiction; Personal Information Protection Law of the People's Republic of China

一、问题的提出

大数据时代，云计算等数字技术的广泛应用使得个人信息的收集和存储突破了物理领土限制，实现了全球范围内的自由流动。（剩余10528字）