Study On The Path Of Protection Of Private Right Of Enterprise Data In China

In the era of data economy,the value of data property is becoming increasingly significant,and the interest relationship is more diversified,especially enterprise data not only condenses the labor results of data operators,but also increasingly becomes the competitive advantage and important business resource of enterprises.However,due to the fact that enterprise data involves multiple parties such as the enterprise,individuals and other enterprises,the ownership division is unclear,the protection boundary is not clear,the legal relationship tends to be more complex,and the existing laws are difficult to provide comprehensive protection,the ownership and the protection of enterprise data is becoming an essential legal issue that must solve urgently.As a different kind of property,enterprise data is more stable and predictable when included in the civil rights protection system,which is conducive to clarifying the ownership and protection boundaries of enterprise data rights and interests,and is of great significance to improving the data governance system.This paper mainly adopts the methods of normative analysis,empirical research,comparative research and literature research to summarize the connotation and attributes of enterprise data and the protection status,and investigates and references the path of protecting the private rights of enterprise data outside the region,and then demonstrates the legitimacy and feasibility of granting enterprise data rights,and then proposes the protection path of establishing enterprise data rights.Firstly,the basic theoretical issues of enterprise data are discussed,as data with legal significance,enterprise data has the ontological characteristics,era characteristics and property attributes of general data,and affirms the value and significance of protection from the theoretical level of labor empowerment theory,economic cost theory and efficiency theory and the actual needs of data economy development.Secondly,the current status quo and shortcomings of the current protection path of enterprise data private rights are analyzed,that is,the current law is cautious and does not make clear provisions,the exploration of local data rights confirmation has geographical limitations,the protection path of property rights and intellectual property rights is difficult to achieve the complete state of data rights and interests,and the absolute empowerment scheme still requires complex system design to achieve a balance of interests.Then,the protection path of enterprise data privacy rights in the United States and the European Union is mainly examined,that is,the data property legislation of the United States,the protection path of privacy adaptation,and the protection path of database rights,data classification management and data producer in the EU,but all of them aim to promote the development of the digital economy in the country or region,and need to be selectively used for reference in combination with the actual situation of the country.Finally,the private ownership structure of enterprise data rights is proposed,the protection of enterprise data rights is legitimate and feasible,and the investment and utilization of data by enterprises makes them more in line with the qualifications of right subjects.The determination of the object of rights and the construction of data rights ensure that the rights subject controls and uses enterprise data,prohibits others from using it,and obtains compensation for infringement.At the same time,necessary restrictions are imposed on the subject of rights to achieve coordination of interests between enterprises and relevant subjects such as the state,society,and individuals.