Research On The Protection Of Enterprise Data Property Rights

With the increasing call to release the value of data elements and establish a market for data elements,the development of the digital economy cannot be separated from the competitive production factor of enterprise data.In this context,promoting the circulation and sharing of data has increasingly received attention from all sectors of society.Therefore,studying the legal nature of enterprise data and exploring the path of enterprise data ownership become fundamental legal issues to solve the data economy.Regarding the legal nature of enterprise data,there are theories of property rights,intellectual property rights,trade secrets,and new types of property rights in academia.After analyzing the shortcomings and drawbacks of various theories in theory,it is concluded that enterprise data belongs to a new type of property rights,and it can withstand legal scrutiny,consistent with Locke’s labor property rights theory.Defining enterprise data as a new type of property rights can further encourage relevant enterprises to conduct data production,promote the protection of personal data and the development of the digital economy.Based on the current legislative situation,the author concludes that there are three main problems in the current situation of enterprise data protection: first,the legal attribute is unclear,second,the existing legal protection is ineffective,and third,the progress of local legislation is slow.Through searching for corporate data dispute cases in recent years,and using empirical research methods,this paper summarizes the judicial protection dilemma of corporate data under the existing legal framework.Currently,there are issues such as a surge in the number of corporate data dispute cases,excessive concentration,inconsistent judgment standards,and difficulty in value evaluation.The rights of corporate data developers are not yet clear,and it is difficult to determine the legitimacy of the behavior boundary of crawling data,with a large gap in compensation amounts.On this basis,the reasons for the above-mentioned difficulties are analyzed.The existing trade secrets,copyright laws,and anti unfair competition laws have shortcomings in resolving corporate data disputes,and have not yet adapted to the rapidly developing digital economy.In view of the problems exposed in judicial practice,a solution for constructing a new type of property rights for enterprise data is proposed.In summary,expediency measures are not long-term and cannot solve the fundamental problem of the long-term and healthy development of enterprise data.Therefore,it is necessary to clarify the rights of enterprise data and construct new property rights of enterprise data.Clarify the protection boundaries of corporate data,and ensure that public,personal,and national interests prevail over corporate interests.Give the enterprise data producer a certain amount of data resource ownership,processing and use rights,and product management rights,and maintain a cautious attitude towards the right to dispose.Clarify the rights and obligations of enterprise data producers,and appropriately impose licensing restrictions on their rights and capabilities,with a view to achieving a balance between public and social interests.