Research On The System Design Of New Property Property Right Of Enterprise Data

With the development of digitization,the economic value of data is becoming more and more obvious,the competition for data between enterprises and countries is becoming more and more fierce,and disputes about data are becoming more and more frequent.However,there are no specific legal provisions regarding property rights in data.From the perspective of academic theory and data practice in the data field,the legal positioning and protection path of data area cases are the only way to realize the further development of the data industry.The solution to the enterprise data problem should start from the attribute of enterprise data rights,which is determined by the characteristics of the data.The new property right of enterprise data is a private structure that grants exclusive rights to enterprises on top of data.It is an advantageous scheme for enterprise data entitlement.The theory of labor empowerment,property rights and incentive theory can explain the theoretical feasibility of this entitlement scheme.And from the practical needs of the development of the data industry,the new property rights of enterprise data play an irreplaceable role in alleviating the dilemma of judicial practice,improving the content of data legislation,and assisting the development of the data industry,which can best meet the exclusive needs of enterprises for data rights.At the same time,it can also meet the due meaning of data circulation,which is most conducive to the development of the data industry.Under the entitlement scheme of new property rights of enterprise data,the existing protection paths of contract law,copyright protection,competition law,and tort liability law are not sufficient to comprehensively protect the property rights and interests of enterprises in data.In European and American countries where data legislation started earlier,although the traditional protection path is the main approach,they are also exploring new systems.The protection model of new property rights of data conforms to the exploration direction of international legislation,and can realize the dual protection of data in private law and public law.And the protection path of the new property rights of enterprise data has the system advantages of comprehensiveness,basicity and enthusiasm.The system design of the new property rights of enterprise data should start with the overall framework,from the horizontal relationship between enterprise data rights and personal information,public data,and data sovereignty,to the vertical rights and obligations of different links in the internal dynamic system of enterprise data rights.,including the collection of data,to being controlled by enterprises,the use of data by enterprises,the transfer of new property rights of data among different subjects,and finally to the elimination of rights.And on this basis,clarify the rights content,subject and object of data,and solve the acquisition,transfer and elimination of data.At the same time,it is clarified that the capabilities of the new property rights of enterprise data include data possession capabilities,use capabilities,disposal capabilities,and income capabilities.These capabilities include both the content of the rights and the necessary restrictions.For the improvement of the new property rights of enterprise data,it is necessary to pay attention to the contents of three links,and pay attention to the principles of new property rights of enterprise data,including the principle of data security priority,the principle of personal information protection,and the promotion of circulation and utilization;to improve the new property rights and personality rights of enterprise data,knowledge The connection of property rights and business secrets;strengthen the construction of legal supporting system for enterprise data.The new property rights of enterprise data should not be expanded blindly,but should be restricted from four perspectives,not encroaching on the protection space of personality rights,not restricting public interests,not disrupting market order with monopolistic behavior,and not opposing data sovereignty.