Research On Civil Law About Protection Of Enterprise Data Rights

In the era of big data,data as a new object has been gradually recognized and accepted by us.More and more enterprises have the ability of data collection,cleaning,processing and analysis in economic life.Many large enterprises also have the ability of technical innovation to create the data products with economic value.But in the current data legal protection norms,there is no direct legal norms to provide specific protection for enterprise data.In judicial practice,the legal protection of enterprise data is a kind of indirect protection mode.Enterprise data can only obtain limited protection under specific conditions.The main reason is that the legal interest relationship between enterprises and individuals is still unclear.Therefore,starting from the protection of enterprise data benefits in judicial practice,combined with theoretical research,this paper finds out the problems existing in the protection,points out that the premise to solve the problems lies in clarifying the legal relationship between personal data and enterprise data,and puts forward the conclusion that the two kinds of data interests should be treated in different layers,and then at the level of enterprise data,it can be given direct and independent protection of property rights.And further comparative analyse the defect of indirect protection mode of enterprise data,put forward the the necessity and direct protection of enterprise data.In theory,therefore,this paper theoretically provides useful ideas for the choice of protection path of enterprise data,and provide legal guarantee for promoting the stable growth of data enterprises and the development of data economy in practice.This article is divided into four chapters,the basic contents are as follows:The first chapter of this article mainly discusses the differences in the theoretical research of enterprise data rights and the problems in judicial protection.Because of the theory does not respond to the current judicial status,therefore,this article delves into the judicial protection of corporate data,and found that the legal protection of corporate data is an indirect protection model,the legislation does not directly provide a clear rights base for the object of enterprise data rights.So this article focuses on the controversial issues in the judicial protection of corporate data rights.In the second chapter,this article reflects on the reasons behind indirect legal protection of corporate data,and analyzes and summarizes the causes of problems,the premise to solve the problem is to clarify the relationship between enterprise data and personal data.Although there are many intersections between corporate data and personal data,but they are different,they also need the direct protection of law.After clarifying the relationship of them,legislation should reshape the data relationship between enterprises and individuals,solve the practical obstacles faced by the enterprise data direct protection.The third chapter of this paper is based on the present situation of judicial and problems of enterprise data rights protection,this article combines theory and practice to evaluate enterprise data property rights protection and behavior law protection.Under existing protection methods,enterprises need to meet certain conditions to protect data rights,the object protection of enterprise data right lacks direct legal basis.In the last chapter,this paper puts forward the idea of building enterprise data property rights,and expounds the theoretical basis of the enterprise data property and the content of the enterprise data property.The exclusive protection of property right is a better choice for the enterprise data right in the long run.In this paper,it is suggested to adopt the legislative mode of empowerment to protect enterprise data directly,it needs provide direct legal basis and claim basis for the protection of enterprise data through separatelegislation,this article hopes to provide theoretical materials for the protection of enterprise data rights.