Research On The Legal Regulation Of Enterprise Data

With the development of big data technology,the value of enterprise data has been continuously explored,more and more countries regard data as a resource.The use and competition of data in business activities are constantly emerging,therefore the disputes caused by data are increasing.While existing laws are short of regulation about enterprise data,it is difficult to solve the problems in social and economic life properly.In view of this dilemma,this paper discusses the mechanism design of regulating enterprise data in the data life cycle by clarifying the legal risks that come with enterprise data,and then improves the legal system of regulating enterprise data to respond to the requirements of practice.In addition to the introduction and conclusion,this paper is divided into four parts.In the first part,this paper analyzes the characteristics of enterprise data and introduces the basic attributes of the research object.At the same time,it classifies and summarizes the legal risks caused by enterprise data,and analyzes the risks brought by enterprise data from three aspects:users,other operators and competitive market.In the second part,in order to regulate corporate data,the legal attributes of enterprise data need to be clarified first.This paper reviews several viewpoints that have been widely heard in the academic circles,the “real right theory”,the “intellectual property theory” and the “new property right theory” have their foundation and shortcomings.After exploring the characteristics of enterprise data,this paper argues that the empowerment of enterprise data is not conducive to coordinating the interests of all parties.Behavior regulation mode should be adopted to guide and protect enterprise data.To regulate enterprise data,we should abide by the principles of respecting personal information,protecting enterprise data,business ethics and sharing.The third part discusses the specific regulation of enterprise data behaviors from the collection,utilization,protection and sharing of enterprise data.When collecting data,enterprises should be limited to the necessary scope,ask for the consent of users before collecting activities,and pay attention to the safety of the collected data.In the use and protection of enterprise data,because of the complexity and diversity of behavior types,it is difficult to be simply summarized,so thispaper chooses two types of typical behaviors to discuss.Faced with enterprise data sharing behaviors,we can set up data classification standards for sharing and establish a complete data sharing mechanism to promote the circulation of enterprise data and market competition.In the fourth part,aiming at the problems in practice,this paper attempts to improve the legal system of regulating enterprise data.We should complete the relevant legislation of data collection;clarify the judgment standard of data unfair competition behaviors,regulate enterprise data behaviors through anti-unfair competition law;bring enterprise data into the adjustment scope of anti-monopoly law,regulate data monopoly behaviors;endow personal data self-determination right to regulate enterprise data from the other side.