A Study Of The Delimitation Of Enterprise Data Rights

With the vigorous development of the digital economy,the economic value of data is being more and more realized.But due to the absence of relevant regulations and rules,the attribution of enterprise data rights is unclear,and data disputes are intensifying.Therefore,the research of enterprise data rights has become an important project that needs to be solved urgently in the digital economy era.It’s necessary to clarify three points for the delimitation of enterprise data rights:enterprise data can be divided into native data and derived data,and different types of enterprise data carry different rights;clarifying the legal attribute of enterprise data is the premise of analyzing enterprise data rights,and the answer to the legal attribute of enterprise data shall not only be searched in the existing legal rights.At present,whether enterprise data rights shall be recognized and what kinds of rights shall be defined are the main difficulties faced by the delimitation of enterprise data rights.There are different opinions on those two issues in the academic circle and there are frequent disputes in practice.The root causes are as follow.Firstly,enterprise data involves many subjects,including individuals as data providers,enterprises as data controllers,other enterprises that attempt to share the benefits of enterprise data,the public claiming public interest claims on enterprise data rights.Secondly,it is difficult to define the identifiability of personal information,which makes the scope of enterprise data and the content of rights of each subject are not clear.Thirdly,whether data qualifies as an object of a right is still controversial,positive scholars hold different opinions on the legal nature of data.For enterprise data,the establishment of basic systems such as empowerment,operation and protection should be promoted in a coordinated way.In terms of empowerment,the principle of determining enterprise data rights shall be clarified according to the different reasonable demands of different subjects,so as to provide flexible response space and specific behavior guidance for the delimitation of enterprise data rights.On this basis,in the light of the above reasons,suiting the remedy to the case,right delimitation rules based on the framework of subject-object-right shall be established,and the scope and boundary of rights of each subject shall be clarified from the two aspects of right allocation and right limitation.In terms of operation,the enterprise data trading system shall be improved to standardize and support the circulation and utilization of enterprise data.In terms of protection,the doctrine of fault presumption shall be taken as the rule,special protection shall be given to special subjects and special data types,punitive damages shall be introduced,the role of administrative supervision shall be given full play,and new right protection modes of "public interest litigation and class action" shall be actively explored.