Research On The Protection Path Of Enterprise Data Property Rights

With the rapid development of the digital economy,data,as an emerging product of the times,is well known and applied,and its economic value is increasingly prominent.As an economic entity,enterprises use the collected data to form data collections by processing,desensitizing,cleaning,etc.,so that enterprise data has higher economic value.However,in the existing legal protection framework,there are no special legal norms to regulate and protect enterprise data.Through the analysis of typical cases and existing academic viewpoints,under my country’s existing legal system,my country’s main viewpoints on the path of enterprise data protection are as follows: first,treat enterprise data as "things" and protect them with property law;second,treat enterprise data as "work" or "patent" and protect it by copyright law or patent law;third,treat enterprise data as trade secret protection or rely on the general provisions of the anti-unfair competition law for protection,in my country’s current judicial In practice,this clause is often used as a legal basis to protect the legitimate rights and interests of corporate data;fourth,corporate data is protected as a new type of property right.According to the above viewpoints,analyzing the current situation of enterprise data protection in my country shows that corporate data is protected as trade secrets,acts of unfair competition,property rights,and intellectual property rights in the anti-unfair competition law,property law or intellectual property law.To obtain limited protection under certain conditions,the existing legal system fails to provide sufficient and complete protection,and the legal rules for the attribution of enterprise data rights are not perfect,and the existing laws do not clearly define the boundaries of data rights and content.Based on my country’s analysis of the current situation and deficiencies of enterprise data protection,my country should protect enterprise data as a new type of property right.In the era of data economy,establishing a new protection path for enterprise data property rights is not only conducive to strengthening the legal protection of enterprise data,but also conducive to promoting data sharing;it not only has a legal basis,but also conforms to the characteristics of the property rights of enterprise data.Therefore,my country should rely on the existing legal system,follow the basic principles of civil law,improve the rights content of enterprise data,and add information on the property rights of enterprise data to relevant laws such as the Civil Code,the Anti-Unfair Competition Law,and the Electronic Commerce Law.The special provisions of the law,the introduction of corresponding judicial interpretations,the improvement of the legal system of enterprise data property rights,the establishment of a supporting regulatory system,and finally the use of the Criminal Law as the last resort to crack down on serious data crimes,provide comprehensive protection for enterprise data property rights.In the specific system design,the concept of enterprise data should be clarified,the attribution system and protection objects of enterprise data should be established,so that enterprises can more effectively safeguard their legitimate rights and interests,adapt to the environmental development of the digital economy,and promote enterprises to become bigger and stronger.Conducive to the establishment,development and stability of the socialist market economic order,and the development of a digital power strategy.