Research On Enterprise Data Protection

Data,as the "oil of the 21 st century," drives the development of the internet industry.The comprehensive and effective protection of enterprise data is a necessary condition for cultivating the healthy development of the data element market,as well as the key to establishing transaction rules and improving the regulatory system of the data element market.However,multiple rights and interests on enterprise data are intertwined and complex,still in a place of unclear attributes and rules,with limitations of insufficient protection.In real life,there are many data rights disputes.Although laws such as the Civil Code and the security Law provide for the protection and utilization of data and virtual property,these principled provisions are difficult to properly resolve disputes over enterprise data in practice.In judicial practice,the resolution of data disputes is mainly based on the general provisions of Article 2 of the Anti unfair competition Law.Although the protection path of the Competition Law provides a certain degree of protection for enterprise data rights and interests,there is still a problem of insufficient protection.Moreover,with the development of technology,the concealment of data infringement has increased,and existing laws cannot comprehensively and effectively protect enterprise data.It is also difficult to grasp the limit between enterprise data protection and the public interests it carries.The existing legal regulations are only a temporary measure in the absence of specialized data rights protection and exercise rules,The legal attributes of enterprise data should be possible and protected by specialized legislative models.Considering the above background and current situation,this article conducts theoretical exploration and practical investigation on the current situation of enterprise data protection,explores extraterritorial enterprise data protection systems to explore suitable models for data protection in China,proposes a legislative model for systematic protection of enterprise data,and constructs enterprise data property rights,From the perspective of promoting data flow,list the protection content of data property rights and corresponding restrictions on data use,in order to standardize the data operation activities of enterprises,strengthen the protection of personal information,public interests,and national security,To achieve a balance between data protection and data utilization.