Li Hao
After the effectiveness of GDPR and the Schrems II case, the global data flow seems to have entered the “era of Standard Contractual Clauses”. Promoting cross-boundary data transmission between the mainland and the Macao Special Administrative Region is essential for building an “electronic bay area” and a digital trade port with Portuguese speaking countries. SCCs, with its convenience and practicality, are the top choice in the existing legal toolbox that can drive leading innovation and break institutional barriers. The “9+1” transmission structure is only the starting point, and the rule convergence of SCCs should point to the future of the “1+1+1” system. There are differences in terms of contractual clauses between the two regions, including relevant concepts, applicable prerequisites, specific content, and procedures. Hengqin In-Depth Cooperation Zone has a top-level design and a “bottom-up” dynamic normative structure, retaining considerable institutional flexibility in legislation, administration, and judiciary, providing a experimental platform for the rule convergence of contract clauses between the two regions; Its existing experience in institutional reform, such as “one place, two inspections” and the division of functions among statutory bodies, can also serve as a reference for SCCs system harmonization. On the premise of fully recognizing the institutional differences between the two regions, taking the institutional innovation of the Guangdong-Macao In-depth Cooperation Zone as an opportunity, the general principles and framework of standard contractual clauses can be established, and distinctions in professional terminology can be eliminated. Then, sample contracts can be launched through agreements, and institutions within the executive committee can be established to supervise and execute, thus building a interactive development status of “rule co-consultation, platform co-construction, institution co-management, and achievement co-sharing”. This can achieve an improvement in the information industry and residents' welfare in Guangdong, Macao, and even the region, while effectively safeguarding digital human rights, and providing a “Greater Bay Area Scheme” with Chinese characteristics for cross-boundary data flow.