Research On Legal Issues Of Enterprise Data Rights Protection From The Perspective Of Typology

Since humanity entered the era of big data,the status of data as a factor of production has become increasingly prominent.The positive interaction between data and enterprises is a key factor in promoting the prosperity and development of the digital economy.As a major country in data resources,China is facing problems in data development and processing,while also experiencing different types of data disputes.Against the backdrop of the gradual introduction of local data legislation,judicial decisions still struggle to effectively respond to the nature and attribution of enterprise data.The General Provisions of the Civil Code clarify the legal positioning of data as civil rights,while leaving open legal space.How to provide better solutions for protecting enterprise data rights and interests is a practical problem that urgently needs to be solved to promote data appreciation and data sharing.Under the premise of defining the concept of enterprise data,the article takes each link in the direction of data flow as a node,and classifies it based on the functions of each stage of data processing and the value of the data itself.As the foundation of institutional construction,further clarify the connotation of enterprise data rights and the basis for enterprises to enjoy data rights in theory.By reflecting on the exploration of the existing protection path,the article advocates breaking through the dilemma of choosing between the behavior regulation path and the right confirmation protected mode,and building a legal protection framework based on data typing.In the data collection stage,it is necessary to clarify the rules and boundaries for enterprises to collect data,and simplify authorization methods;In the data processing stage,distinguish the data sets and data products in the derived data and apply different protected mode,and use the intellectual property legal system for reference to establish a property rights protection system for the derived data products;In the data trading stage,it is necessary to clarify the conditions for tradable data,clarify the allocation of rights and responsibility mechanisms.