Research On Legal Protection Of Enterprise Data Rights And Interests

The importance of data as a new factor of production is self-evident,but the provisions on data protection are only the declarative provisions of Article 127 of the Civil Code,and the unilateral protection framework of personal information personality right can no longer meet the requirements of a growing data economy.In practice,the resolution of data disputes between enterprises can be roughly divided into two paths.One is to settle disputes through the intervention and coordination of competent authorities,such as the data battle between SF Express and Cainiao,Huawei and Tencent.Second is to resort to the law,the courts usually apply the general clause of Article 2 of the Anti-Unfair Competition Law,such as Sina Microblog v.Mai Mai,Dianping v.Baidu,Gumi v.Yuanguang,Taobao v.Meijing,etc.The final result of the first path is nothing.Although the second path protects the rights and interests of enterprise data by competition law,it faces the dilemma of insufficient protection.In view of the problems in the legal protection of enterprise data rights and interests in China,this paper proposes the construction of the legal protection system of enterprise data property rights on the basis of distinguishing data and information.Drawing on the inspiration from the legislation and judicial practice in Europe and America,enterprise data property rights should not become an absolute right and exclusive right.Based on the consideration that the essence of data problems is the balance of interests,it is necessary to set certain rights restrictions when constructing the enterprise data property rights.This paper is divided into five parts in structure:The first part is the introduction.This part focuses on the current status of scholars’ research on data rightsization,data rights attributes,data rights attribution,data rights system construction and data rights protection issues.The second part is the basic theory of legal protection of enterprise data rights and interests.This part analyzes the difference between data and information,the classification of data and the property and object attributes of enterprise data,and elaborates the theoretical basis and practical significance of the legal protection of enterprise data rights and interests.The third part is about the current situation and problems of legal protection of enterprise data rights and interests in China.Based on the lack of data legislation and confusing judicial decisions,it is pointed out that the legal protection of enterprises’ data rights and interests in China suffers from an imperfect system of data law regulation,inadequate protection of existing laws and unbalanced distribution of data benefits.The fourth part is the current status and experience of foreign legal protection of enterprise data rights and interests.The unique legal systems and precedents of the EU and the US in the field of legal protection of data rights are selected for in-depth analysis,and insights are drawn from the experience.The fifth part is the suggestions for improving the legal protection of enterprise data rights and interests.On the basis of clarifying the concept of data,data classification and the legal attributes of enterprise data,in response to the issues existing in the legal protection of enterprise data rights and interests in China,and learning from the useful experience of the legal protection of enterprise data rights and interests in foreign countries,this paper presents relevant suggestions for improvement.