A Legal Research On Data Transactions

Recently,data transaction has shown a rapid development in China.The research on the legal issues of data transaction can effectively reduce the system cost of data transaction and ensure the efficient and safe data transaction.The legal attribution of the data is the biggest uncertainty the data transaction facing,different attributes mean different trading rules.The data in the data transaction refers to the data product collected and processed,which is a kind of structured data.As an emerging interest,data cannot be applied to traditional property or intellectual property systems and should be protected based on the PRC Anti-Unfair Competition Law.Some characteristics of the data can be summed up from the judicial practice and controversies regarding data: the processing right of the collector or processor of the data can utilize the data,the utilization of the data should not infringe on other legitimate interests,and the data should not be harmed public interest and so on.The difference between a data transaction and a traditional commodity transaction is that the seller's data does not disappear after the data transaction is completed and the buyer acquires the ownership or use of the data during the data transaction,unlike the traditional commodity transaction that involves the transfer of ownership.In the study of legal issues related to data transactions,it is necessary to subdivide the data transaction into three types: data static transaction(direct transmission),data dynamic transaction(API)and data customization transaction.Data static transactions are the most traditional data transaction model,the finishing of the data will be a one-time sale.Data dynamic transactions are through the programmable interface to the buyer to provide continuous updates of data,and in accordance with the use of time or call the number of data billing.Data customization transactions are based on the buyer's needs,provided by the seller's data trading model.The legal relationship involved in the three types of transactions is not the same and needs to be treated differently.The rules of data transaction need to put promotion the transaction as the priority principle,combined with the technical characteristics of data transactions,in the protection of data security under the premise of making full use of technical means,coordinate the division of different departments,from many aspects of data transaction rules to do the building jobs.In the construction of data trading rules,the need to balance the good business interests,security,social and public interests and personal interests and other interests.In addition,we need to pay attention to the "network security law" and other laws and regulations in the data transaction process play an important role in the data transactions for all aspects of compliance.In the data transaction,personal information protection is one of the most sensitive and most important issues,the need for the legislative department to speed up the Personal Information Protection Law legislative process.Because of the complexity and importance of data transactions,the regulation of data transactions,needs to consider setting up specialized data regulators or managing them to a unified department when the time is properate.The regulation of the data transaction platform should avoid the fact that the government is both the initiator of the data trading platform and the self-regulatory situation of the regulators.At the same time,for the illegal data transaction,in the promotion of data as a property into the criminal law protection system at the same time,the illegal access to data should be regarded as a criminal offense included in the scope of criminal sanctions,against the data "black industry chain" Circulation.