On The Legal Protection Of Enterprise Data Rights And Interests

In the era of big data,the digital economy has become an important driving force to support the country’s economic development.The economy of online shopping,online catering and other network platforms is booming,and the economic value of data is increasingly prominent,and it has gradually become the core element to achieve the highquality development of the digital economy.How to determine the ownership of the rights and interests of data,and how to control and use data has become the key to promote high-quality economic development.With the development of the Internet industry,data has become an important resource for enterprises to make profits,and disputes over data rights and interests between enterprises have intensified.In judicial practice,the state mainly the data rights and interests of enterprises are protected through the business secret provisions of the Anti-Unfair Competition Law,the principled provisions of the AntiUnfair Competition Law and the relevant provisions of the Copyright Law.The legal protection of enterprise data rights and interests exists problems are that the vague object scope of enterprise data rights and interests,and some data rights and interests of enterprises are only protected through principled clauses,these circumstances lead to difficulties in applying the law.According to the source of enterprise data and the characteristics of enterprise data rights and interests,the object scope of enterprise data rights and interests should be defined as a data group that is legally collected,processed,integrated by enterprise and generated from the enterprise itself with economic value,the main argument is Locke’s property rights labor theory.In order to solve the problems of law on protecting enterprise data rights and interests,the academic community has proposed to establish an overall independent enterprise data property rights and all of enterprise data rights and interests are protected through enterprise data property rights,in the recently "Twenty Articles of Data" was announced by Central People’s Government,it also proposes to set up data resource ownership right,right for processing and using data,right for operating data product and other rights.However,these ways to protect the data rights and interests are duplicated with existing legal provisions and have higher legislative cost.Enterprise data rights and interests should be divided according to the criteria of whether it is public and whether it meets the originality of the work,on the basis of retaining the existing applicable specific legal provisions,the public data rights and interests of enterprises that cannot be recognized as works and business secrets but should be protected by law to establish right.This classified protection method can not only avoid conflicts of applying law,but also save legislative costs.The part of enterprise data rights and interests can be protected under the neighboring rights by establishing the enterprise public data rights.The main reasons for the argument are that the characteristics of the enterprise public data rights and intellectual property rights are similar,the object of the enterprise public data rights is similar to the neighboring rights and the purpose of the enterprise public data rights that are established is also consistent with the neighboring rights.