Research On The Ownership And Infringement Protection Of Enterprise Data Rights In The Context Of Big Data

With the light speed development of the Internet of Things,cloud computing,big data,artificial intelligence and other technologies,the value of data has become increasingly prominent and has become the fifth largest factor of production.The increasingly fierce competition for data has led to an increasing number of data disputes among enterprises.China’s Civil Code has not made specific and clear provisions on data,which obviously has insufficient system supply,and the judicial practice has not reached a unified understanding of enterprise data disputes,and the protection of enterprise data is insufficient,leading to irreconcilable conflicts between the property rights and interests of enterprise data,personal information personality rights and interests,and social and public interests in the collection,utilization or circulation of enterprise data.The root of this problem lies in the unclear provisions on the ownership of enterprise data,the vague boundary of the exercise of rights and the insufficient protection of the rights and interests of enterprise data.Based on the problems caused by the above background,this paper first starts from the basic theory of enterprise data,clarifies that enterprise data has the property legal attribute,and determines the ownership of enterprise data rights according to the type of enterprise data.In view of the limitations of judicial practice in providing protection and relief for enterprise data rights by anti unfair competition law,this paper attempts to provide tort relief when enterprise data is infringed,To standardize the development of enterprise data rights and balance the protection of interests of all parties above enterprise data.This paper consists of three chapters in structure.The first chapter is the theoretical basis of enterprise data in the context of big data.The first part defines the concept and characteristics of enterprise data.The second part mainly analyzes the legal attributes of enterprise data.The research results show that enterprise data has property attributes.Enterprise data rights are a new type of property rights with legitimacy and necessity,which lays a theoretical foundation for providing tort relief below.The second chapter is about the ownership of enterprise data rights in the context of big data.The first part briefly summarizes and evaluates the discussion on the ownership of data rights in the theoretical community.The second part puts forward the idea of determining rights by type in view of the shortcomings of the above views.According to the object of enterprise data rights,it is divided into the right configuration of data sets and the right configuration of data products.The third chapter is the tort relief of enterprise data in the context of big data.The first part constructs the principle of fault liability,which is more conducive to protecting enterprise data than the principle of no fault liability.The second part focuses on the elements of tort liability and the types and characteristics of tort.The third part clarifies the two types of liability for tort liability,namely,damage compensation and prevention liability.