Property Right Confirmation And Legal Protection Of Enterprise’s Derived Data

Clear ownership of property rights is the basis of transaction.With the promotion of data transaction,the development of digital economy and the promotion of development and use of data,the legal attributes and ownership of data become extremely important.On the one hand,the confirmation of data property rights is conducive to the settlement of more and more data disputes and better protection of the rights and interests of the relevant data subjects.On the other hand,the determination of data property rights can give the major participants in the data transaction market with expectation of rights,so as to help the development of data transaction and is also of great significance to China’s data factor production reform.Nowadays,it is a common understanding that data has great value and the property attribute.However,the nature and attribution of data rights have not been determined in legislation,and there is a big controversy on whether to adopt the protection model of data rights and what the legal nature of data rights is.Especially,there are different opinions on whether enterprises have the ownership of the anonymized derived data.This will not be conducive to the protection of enterprises’ data rights and interests,and then will affect the in-depth development of data transactions.Therefore,from the perspective of data development and utilization and the promotion of data transactions,this article will analyze the current status and shortcomings of China’s enterprise data rights and interests protection system,compare and analyze the theories of the legal protection model for enterprise data,and try to propose a feasible right confirmation and protection model based on the use of enterprise derived data in practice and on the basis of exploring the justification for determining the property rights of enterprise derived data,so as to provide ideas for improving the enterprise data rights and interests protection system in future legislation.The first part of the paper focuses on an overview of the current status and problems of legal protection of enterprise derived data.This part firstly introduces the definition and classification of enterprise data,the basic meaning and application of enterprise derived data,and defines the specific meaning of enterprise data confirmation referred to in this paper.Secondly,the current status and problems of legislative and judicial protection of enterprise derived data are explained.Finally,based on the aforementioned problems,the necessity of protecting the right of enterprise derived data is proposed and analyzed.The second part of the thesis is to elaborate the current situation of enterprise data development and the characteristics of disputes,and to unfold the analysis of the reasons why the existing protection system is insufficient for the current dispute resolution and the possible solutions that exist in theory.Firstly,the overall situation of enterprise data development and the new dispute characteristics shown are elaborated to highlight the need for a new protection system;secondly,after analyzing the three protection models of copyright law,trade secret and anti-unfair competition law for the protection of enterprise data rights and interests,it is found that each of them has obvious limitations and cannot adequately solve all data rights and interests disputes,thus a new and comprehensive protection model is needed.Thus,a new comprehensive protection model is needed.Again,the theoretical views of scholars are compared and analyzed,i.e.,the different ideas under the two classifications of the empowerment protection model and the behavioral regulation model for enterprise data,and the property rights attributes of enterprise derived data are confirmed after the evaluation of them.The third part of the thesis is a specific institutional proposal for the confirmation of rights and legal protection of enterprise derived data.Firstly,the basic idea of the confirmation of rights is determined on the basis of the above judicial protection model and the doctrinal theory,that is,the confirmation of rights needs to strictly limit the object of rights,follow the principles of fairness and efficiency,and balance and limitation.Secondly,it is clear to give limited ownership rights to the derived data of enterprises,and to determine the specific content of rights by combining the characteristics of data and the relationship between the derived data of enterprises and personal information.Finally,it is recommended to establish uniform rules of anonymization and risk control-related transaction rules as safeguards for the confirmation of rights protection,in order to better play the role of granting enterprises’ data ownership and encouraging the production and development of enterprises’ derived data and the participation of data transactions.