Driven by artificial intelligence technology, the digital economy has become a powerful driving force in world economy. In order to win the Economic Competitive Advantage, many countries have occupied the commanding heights of artificial intelligence technology, and our country has also actively deployed the infrastructure construction of artificial intelligence technology in the national strategy to enhance the competitiveness in the world digital trade. Cross-border data flow is bound to occur in international digital trade, and cross-border data in the era of artificial intelligence has its particularity. First, cross-border data transmission volume is large, high speed, more difficult to control. Second, AI technology has more unknown risks and we have little experience in dealing with them. Third, the global trend of AI data flow conflicts with the nationalization of data regulation. Therefore, it is difficult to balance data security and data flow at the international level. In the era of artificial intelligence, cross-border flow of data, data theft, data leakage and other security issues have become increasingly prominent. At present, there is no uniform international rule on how to balance the interests between digital economic dividend and data protection from data flow. This paper compares and analyzes the attitudes and legislative rules of data cross-border flow with typical economies such as the EU and the US. It is of practical significance to establish the rules of cross-border data flow in China and to enhance China’s voice in international rule-making. The European Union and the United States are the most influential countries and regions in the legal regulation on cross-border data flow. The EU has adopted the strictest policy of restricting cross-border data flow and attempts to push the strictest EU standards to the world, in order to obtain extraterritorial regulatory powers and ultimately to transform the EU standards into internationally harmonized standards. In order to protect the high-speed development of its Internet enterprises, the United States has adopted a relaxed policy on cross-border data flow, encouraged cross-border data flow, and supported the application of high and new technologies such as artificial intelligence technology, Internet of things, and big data, through the globalization of the Internet to promote the globalization of artificial intelligence and other high-tech, further accelerating the development of the digital economy of the country. China currently has relatively strict restrictions on the cross-border flow of data. After considering the current development situation of China’s digital economy and the development trend of digital globalization in the world economy, it is pointed out that China must carry out strategic layout at the national level to support the free cross-border transmission of data. This paper attempts to propose a Chinese scheme to support the free transmission of data across borders through rules and standards. First, rules guide the flow of data. Active participation in cross-border data rule-making at the international level will enhance China’s voice in international rule-making. Our legislation can draw lessons from the free foreign trade policy of the United States, the timeliness of EU legislation to speed up the legislative process, grasp the future trend of world economical development, so as to formulate good laws. In addition, at the standard level, by unifying the common standards and improving the ability to respond to data security incidents, we will form cohesion at home and improve the overall competitiveness of our enterprises in the international digital economy market, promoting the discourse power of our country in international rule-making.