Civil Law Protection Of Enterprise Data Property Right Under The Background Of Big Data

In 2018,the International Big Data Industry Expo was held in Guiyang,Guizhou Province.President Xi pointed out in his congratulations to the conference that information technology represented by big data,artificial intelligence and the Internet is changing with each passing day,giving economic development,national management,social governance,People’s lives have an important impact.The scale of data has exploded,and the era of big data has quietly arrived.In the era of big data,the economic value of enterprise data is constantly appearing,and data competition is becoming more and more fierce.The use of big data resources has become the focus of competition.However,the legal nature of corporate data is controversial,and the issue of the ownership of corporate big data property rights needs to be resolved.In order to better utilize the advantages of big data resources,we must first determine the relevant legal concepts of enterprise data.The object of data ownership will first discuss the scope of data as a subject of rights.By dividing the data ownership into personal data,enterprise data and government data,the scope of the enterprise data discussed in this paper is defined,the rights definition of the enterprise data and the rights content are clearly defined,and the initial property of the enterprise big data Rights should be enjoyed by big data collectors and controllers,but they should be reasonably restricted.Defining the ownership of data rights,distinguishing the special data types of enterprise data,and formulating corresponding regulations to protect the development of enterprise data.Due to the frequent occurrence of data transactions,the legal characteristics of property rights such as the economics,transfer ability and specificity of enterprise data can be derived.Secondly,the characterization of the data mainly analyzes and analyzes some viewpoints in the academic circle,and combines the legal characteristics of the enterprise data property rights,which leads to the viewpoint of this paper,that is,the property attributes of the data.Combined with relevant cases in recent years,there are more and more data economic disputes in the context of big data.Because China’s relevant legislation is relatively lacking,the lack of judicial protection practices can not protect corporate rights,information leakage is serious,third parties abuse the data of the enterprises they have been transferred,resulting in disordered data market market.Moreover,due to the lack of relevant laws regulating enterprise data transactions,the property rights of enterprise data cannot beprotected,and cases of infringement of corporate data rights frequently occur,and a series of legal disputes and economic risks occur,such as the uncertainty of the nature of enterprise data property rights and the vague classification of data.The trading rules are confusing,and this situation needs to be rectified.Then,by referring to the relevant legislative experience of the United States and the European Union,the advantages and disadvantages of the two models are analyzed,and according to China’s national conditions,the protection model suitable for China is summarized,that is,the mode of combining industry self-discipline and unified legislation.Finally,I talked about the issue of civil law protection for corporate data property rights.Clarify the rights and obligations of the parties to the enterprise data,in which the data owner is the rules and restrictions on the use of the data by the enterprise,the privacy protection of the data source is the individual’s right to define the data,and the enterprise data transfer is the third party.The use of boundaries.The specific content of the infringement of the data property rights of the enterprise is clearly defined,that is,the constituent elements of the infringement of the enterprise data,such as the specific infringement of the infringement of the data property right,the fact of damage,the principle of imputation,and the causal relationship.Clearly stipulate the rules and standards of punishment,so that the protection of enterprise data property rights can be legally protected and protect the property interests of enterprises.The two methods of pre-existing prevention and ex post relief are adopted to safeguard the data rights of enterprises,comply with the trend of national civil code compilation and pay attention to data protection,and construct civil law protection system and related measures for enterprise data property rights.