Research On The Legal Protection Of Enterprise Data Property Rights In China

In the context of the combination of data and the Internet,data has become an important economic resource.The collection,storage and utilization of data information have become the basis for the long-term development of enterprises.Data has become the core of AI technology.The legal protection of data and the construction of systems have become the focus of attention from all walks of life.The Fourth Plenary Session of the 19 th Central Committee of the Communist Party of China decided to list data as factors of production alongside land,labor,capital,technology,etc.As the main operators of data services and data products,enterprises play an important role in the rapid and high-quality development of the data economy.Data has gradually developed into a factor of production with property interests,so the following data rights disputes have gradually increased.However,there is no relevant legislation on the protection of enterprise data property in China.Only in the chapter of civil rights of the Civil Code,there is no detailed explanation on the principled provisions of data protection.At present,there is no special legislation on data in China,and more and more disputes over data rights and interests in reality.In judicial practice,most courts will invoke the Copyright Law,Anti unfair Competition Law and other existing legal norms.However,the legislative background of existing laws is to solve specific problems.Enterprise data is the product of the era of big data,and there is a certain gap with the legislative background of existing legal norms.Therefore,the existing legal norms are directly used to resolve disputes over the rights and interests of enterprise data,which cannot achieve effective results.It can be seen that today’s data market lacks legal and effective rules for the use of enterprise data.Enterprises also need to protect their legitimate rights and interests through laws to curb the phenomenon of "free riding" of data,so that they can gain competitive advantage in the data market.In this paper,conceptual analysis and comparative research methods are used to conduct a comprehensive study of the problem.First,starting from the basic concept of enterprise data,we classify enterprise data,define the property attributes of enterprise data,and use theory to demonstrate the legitimacy of the establishment of property rights of enterprise data.Secondly,using the literature research method,analyze the current situation of data legal protection in China.Finally,by using the comparative research method,drawing on the legislative experience of the United States and the European Union on enterprise data protection,and combining with China’s national conditions and the current situation of data protection,explore a legal protection mode suitable for China’s enterprise data property rights,and put forward suggestions for improving China’s enterprise data property rights legal protection system.It is necessary to clarify the subject,object,power and protection authority of enterprise data property rights,At the same time,it is also necessary to clarify the restrictions on the legal protection of the property rights of enterprise data.While considering the protection of enterprise data,it is also necessary to regulate the data business activities of enterprises.The protection of personal security,public security and national security cannot be ignored...