On The Legal Protection Of Corporate Data Rights And Interest

In recent years,the rapid development of Internet big data technology makes data play an increasingly important role in the production factors of enterprises.In reality,individuals leave a large amount of personal information data on major platforms through network activities.Enterprises collect,store,and process these information and data through technology,capital,manpower,etc.Big data products with huge economic value,it is not without controversy that enterprise data has legal property attributes,but due to the two characteristics of non-exclusivity and non-competitiveness of data,online data dispute cases have also shown a blowout growth in recent years.The demand and voice of enterprises for data protection are increasing day by day.In academia,various controversies about data are also emerging,and many claims for data empowerment have emerged.However,the lack of specificity and independence of data objects,and the decentralization and diversification of subjects make it difficult to justify data property rights.In terms of legislation,there is no need to protect corporate data by creating new property rights,which is contrary to the logic of the digital economy,cannot solve the problem of rights distribution,and may bring new problems such as threats to personal privacy and data monopoly.On the interpretation level,under the current legal system,the trade secret clauses,general clauses of the Anti-Unfair Competition Law and the tort liability of the Civil Code can play a complementary role in the protection of enterprise data rights and interests,thus forming a trinity of enterprise data protected mode.Under the premise of the existence of a competitive relationship between the two parties to the dispute,the general provisions of the Anti-Unfair Competition Law can strike a balance between protecting the possession interests of data controllers and protecting data use behaviors that can have beneficial effects on consumer welfare and competition order,and it is currently the most common path for data dispute resolution.When there is no competition between parties to a data dispute,the "tort liability for violation of protective norms" in the behavioral regulation model of tort liability law can play a supplementary role in the protection of data rights and interests.This paper is structured into an introduction and four chapters.The introduction part focuses on sorting out the research status of domestic and foreign academic circles on the legitimacy of enterprise data rights protection,the legal attributes of data,and the protection path of data rights under our country’s current legal system.The first chapter is divided into the status quo of data disputes and data legal protection,as well as summarizing the relevant disputes.The disputed issues summarized from the cases at this stage can be divided into three categories.First,the legal nature and scope of enterprise data are unclear.Second,the protection path of enterprise data property rights under the current legal system is unclear.Third,the academic and practical circles have not yet reached a conclusion on whether it is necessary to create new data rights and establish new rules for the protection of enterprise data rights and interests.The second,third and fourth chapters respectively analyze and discuss the three problems raised in the first chapter,and find solutions.The second chapter starts with clarifying the difference between information and data,and divides information problems and data problems into two different problems,emphasizing that information problems focus on content while data problems focus on form control,and big data disputes are data problems rather than information problems.For the legal attributes of enterprise data,traditional property rights cannot be justified,and should be included in the object of new-type intangible property rights and interests.Clarify the scope of enterprise data,and further classify enterprise data according to the standards of data production subject,processing degree,specific content,and openness.This part finally starts from the source of rights and value chain of enterprise data,and demonstrates the legitimacy of protecting enterprise data,paving the way for the third chapter to explore the classified protection path of enterprise data.The third chapter discusses the classified protection path of enterprise data under the current legal system,starting from whether the data is open or not and whether the subject of the dispute has a competitive relationship.Non-public data can be protected in accordance with the trade secret clause of the Anti-Unfair Competition Law of enterprises,but the vagueness of the standards for identifying trade secrets indirectly raises the threshold for enterprise data to become trade secrets,and the unreasonable distribution of the burden of proof further exacerbates the dilemma.Clarify the standards for identifying trade secrets and redistribute the burden of proof among the subjects of disputes.Disputes over public data should be remedies in combination with the general provisions of the Anti-Unfair Competition Law,but it is determined that the identification of unfair competition behaviors should be changed from the path of rights infringement to the path of interest measurement,so as to give full play to the important role of the Anti-Unfair Competition Law in balancing the interests of market subjects and maintaining competition order.For data disputes between market entities where there is no competitive relationship or the competitive relationship is difficult to identify,it can be based on the tort liability section of the Civil Code,combined with the protective norms in laws such as the Personal Information Protection Law,the Cybersecurity Law,the Data Security Law,and the Criminal Law,taking the constituent elements of general tort as the framework and different imputation principles and responsibility bearing methods are configured for different behaviors.The fourth chapter demonstrates the necessity of the creation of new data rights,and explores whether the creation of new data rights can promote the development of the data industry.This paper believes that the current legal system can provide sufficient institutional supply for the protection of enterprise data rights and interests,and legislation should adhere to a modest attitude,the focus of which is the modesty of rights over rights and interests.It is necessary not to legislate,which denies the obstacle of creating new data rights outside the current legal system to make up for the "lack of legislation".