Research On The Construction Of Civil Protection System For Enterprise Derived Data

In the era of big data,due to the huge economic value of enterprise-derived data,its position in the data market has become more and more important.The competition for enterprise-derived data in the data market has become more and more fierce,and a large number of legal disputes have also arisen.However,there are many obstacles in the protection of enterprise-derived data in our country.Judging from our country’s existing legislative system,the “Civil Code of the People’s Republic of China” only provides guidelines for data protection in Article 127,and the “Data Security Law of the People’s Republic of China” only provides for data processing activities and data security supervision.The regulations lack operability in practice,and the legislation on the protection of enterprise-derived data is still in a blank state.In judicial practice,the courts mostly make judgments in accordance with the Anti-Unfair Competition Law of the People’s Republic of China for cases related to enterprise-derived data.However,the use of the “Anti-Unfair Competition Law of the People’s Republic of China” to protect enterprise-derived data is mainly to regulate the unfair competition behavior of the subjects involved in the case,ignoring the particularity of the data itself.Therefore,the application of the “Anti-Unfair Competition Law of the People’s Republic of China” to protect enterprise-derived data has certain limitations,which is not conducive to promoting the development of the digital economy by protecting enterprise-derived data.In theory,there are many controversies in the research of enterprise-derived data in the theoretical circles of our country.Scholars have tried to find a way to protect it in my country’s existing legal system,but their views have not been unified.In view of this,this paper explores the construction of a civil protection system for enterprise-derived data from the following aspects.The first is to give independent civil rights to enterprise-derived data.Through legislation,the legal attributes of enterprise-derived data should be clarified,the ownership of enterprise-derived data should be determined,and the rights and obligations of both parties in enterprise-derived data transactions should also be stipulated.The second is to determine the scope of protection of enterprise-derived data,including the subject of rights,object of rights,and content of rights in the derived data;specify the protection period of enterprise-derived data;The protection method of enterprise-derived data is clarified through legislation,and data subjects are given the right to restore enterprise-derived data,delete enterprise-derived data,stop processing enterprise-derived data,and request compensation for losses.Through a series of regulations,the protection of enterprise-derived data can be legally followed,thereby promoting the healthy development of the digital economy.