Research On The Protection Of Enterprise Data Property Rights

Where there are interests,there are disputes.The economic value of data is increasingly prominent,and data disputes between enterprises are frequent.As the main participants in the data trading market,enterprises attach great importance to the protection of data property interests.At present,legislators have not incorporated enterprise data property rights into the legal system,so rights protection is facing insufficient legislation,mainly including: unclear protection model,unclear subject and object,unclear acquisition method,lack of rights content,rights restrictions and imperfect infringement system.By summarizing the opinions of scholars and combining with foreign regulations on the protection of enterprise data property rights,this paper proposes that future legislation should take the new type of enterprise data property rights as the protection model.The new protection framework for enterprise data property rights includes six aspects: First,establish a protection model for enterprise data property rights.That is,the property right of enterprise data is a new type of property right,and the new type of property right of enterprise data should be used as the protection model.Second,clarify the scope of the subject and object of the new property rights of enterprise data.The subject is legal persons and non-incorporated organizations other than the government as the subject of rights;the object is non-public data,which is divided into original data and derived data.Third,clarify the way to obtain new property rights of enterprise data.According to the factual act of data collection,the obligee initially obtains all the powers of the dynamic original data,and according to the legal act of data transaction,he inherits all the powers of obtaining static data sets or data products.Fourth,clarify the capabilities of the new property rights of enterprise data.The author proposes to confirm that data controllers are empowered with four powers: control,use,income,and disposal.Data control power is the foundation of other powers,data use power and data disposal power are the prerequisites for the realization of data revenue power,and the four powers together form a complete power structure.Fifth,clarify the restrictions on the new property rights of enterprise data.Set necessary rights restrictions,take into account the protection of data security,public interests and personal information,and prevent companies from abusing their rights and resulting in data monopoly.It mainly includes that the subject’s acquisition and use of new property rights of enterprise data must abide by the current laws and regulations;the content and functions of the data must be legal and compliant;and the scope of reasonable use must be clarified.Sixth,improve the corporate data new property right infringement liability system.Including clarifying the type of infringement,clarifying the principle of infringement liability and the burden of proof,and clarifying the method and calculation rules of infringement liability.