The Rights And Interests Of Enterprise Data And Ways Of Protection

The rights and interests of enterprise data include determining the nature and ownership of its rights.In practice,the ownership of enterprise data,personal data and public data is in constant dispute,and the premise of determining rights is to recognize the existence of enterprise data rights,that is,to determine the ownership of rights under existing rights.Therefore,it triggered a theoretical discussion on the nature of enterprise data rights.The enterprise data rights studied in this paper are whether and how to set rights for data.The first chapter discusses the reasons for the right of enterprise data.With the development of network technology,data has become the "motor" for the development of platform enterprises,and the value of data has become increasingly prominent.At the national level,data has been established as a market element comparable to land,labor and capital.In order to pursue a stable trading order in the market,enterprises want to grant data rights.In recent years,the country has issued guidance,requiring the establishment of data property rights system,and promoting the use of data classification.In practice,due to the uncertainty of the nature of enterprise data rights,legal disputes over the ownership of enterprise data continue,mainly manifested in disputes between enterprise data and personal data,enterprise data,and enterprise data and public data.In practice,there is a demand for data rights confirmation,and in theory,there is a discussion on the nature of data rights.The second chapter summarizes the theoretical disputes of enterprise data rights and interests.There are two ways to determine the rights and interests of enterprise data.One is the path of entitlement,and the other is to recognize the property rights and interests of enterprise data and protect them through anti-unfair competition,trade secrets,contracts and other behavioral norms.As far as the path of entitlement is concerned,there are also disputes: some people believe that the nature of enterprise data should be explained within the framework of the existing system of right.There is also a view that the framework of the existing rights cannot solve the problem of data rights,and a new set of rules need to be created to solve the problem of data rights.Because the data contains a number of right combinations,plus the non-competitive and non-exclusive characteristics of the data itself,as well as the uneven distribution of benefits on the data,it has brought difficulties to the determination of the nature of the enterprise data.Chapter 3 discusses these difficulties.In the theoretical disputes mentioned in the previous chapter,there are flaws in solving the problem of determining the boundary rights of enterprise data.Under the theory of property right,data lacks the object elements of domination.Under the theory of intellectual property rights,data lacks originality.According to the trade secret,it can not cover all data,but can only protect some derivative data.Under the theory of anti-unfair competition,it is not conducive to judicial stability.According to the contract specification,the validity of the contract is questionable.In a word,the power of enterprise data is extremely complex.The difficulties in the enterprise data sector fully reflect the invalidation of traditional legal principles of rights.Whether starting from the idea of voluntarism,using existing norms to regulate data rights,or starting from the path of interest theory,granting data new rights can not reasonably solve the problem of confirmation of the rights of enterprise data.The fourth chapter attempts to start from regions and countries with more judicial practice in information technology,such as the EU and the United States,to draw useful experience in the field of data rights of the enterprises,and to provide reference for the field of the data rights of the enterprises in China.The EU issued a database directive to protect the special rights on enterprise databases.Under this right confirmation mode,the market competition was hindered.The identification of the nature of corporate data in the United States is mainly reflected through a large number of precedents.It tends to identify that data has public attributes,and protect the circulation of data from the value of data sharing.This enlightens China not to set an absolute right on enterprise data,but to set up property rights only on data products based on the characteristics and value of data.It is not appropriate to provide too strong property protection on data sets,which will cause injury to other interests.Asian countries represented by Japan,on the basis of learning from the experience of Europe and the United States,have taken a cautious and modest attitude towards the issue of data ownership.For example,at the beginning of the revision of the Anti unfair Competition Law,Japan proposed to wait three years and make adjustments based on full research according to the actual situation of the operation of the Law.The traditional ownership or property right model is not suitable for the institutional boundary right scheme as data resources.The determination of the rights and interests of the enterprise data is not to distinguish "yours" and "mine" between personal data and public data,but to gradually build and flexibly adjust the legal relationship network between various subjects.The fifth chapter,on the basis of the above analysis,combines the characteristics of the data itself,starting from the value of promoting data circulation,analyzes the drawbacks of entitlement on enterprise data.The scope of protection of rights is more severe than interests.Rights provide a protection mode of "prohibition except exception",while interests provide a defensive protection mode of "freedom except prohibition".The inherent characteristics and attributes of data determine that it can only provide a limited protection of rights and interests.If enterprise data protection is positioned as protection of rights and interests,it is necessary to solve the problem of who owns what rights and interests in data.Since the source of data itself has multiple subjects and contains complex interests,it is difficult to determine the specific beneficiaries of data interests,so establishing a data sharing mechanism centered on the data controller may become a solution to the problem of the rights of enterprise data.In addition,the definition of enterprise data rights and interests is highly dependent on specific data application scenes.In different scenes,according to the reasonable expectations of all parties and based on the principle of trust,the allocation scheme of specific interests is determined.How to distribute interests in specific scenes still needs the guidance of rational rules,and industrial property rules just reflect a high degree of adaptability.In the existing practice,the anti-unfair competition protection of data rights and interests has provided useful experience for data rights,so the issue of enterprise data rights and interests needs to be actively responded by the industrial property system.