Legal Issues Of Data Transaction

With the rapid development of Internet,Internet of things,cloud computing,big data and artificial intelligence,human society has formed a network space independent of physical space.Human daily behavior and life are increasingly transforming into the information and data flow of network space.This powerful data stream has spawned the digital economy and expanded the new space for economic development.Data has been regarded as "future oil".It has become a resource competing by enterprises.It has important property value.Many countries have even classified it as a strategic asset.This paper chooses several representative and urgent problems to be analyzed and studied.The first chapter of this article is to define the legal attributes of the data.Data attribute mainly solves what kind of rights object the new data in China belong to in the law.Only when we define the legal attribute of data,can we regulate and protect data transactions according to the existing laws.For the implementation of the national big data strategy escort,promote the prosperity of the data trading market.Through the case of judicial practice,the article analyzes the mainstream viewpoints of the current academic circles,namely,the theory of property right and the theory of intellectual property.Based on the analysis of their data attributes,the author tries to give a new explanation,namely the invisible property right,which is mainly based on the fact that the attributes of the data conform to the intangible characteristics of the intangible property and the characteristics of the right system of the open property rights.The second chapter mainly discusses the problem of ownership in data transaction,and there is not much controversy about the ownership of public data,social data and business data in the current academic field,that is,ownership belongs to data collector.The most controversial issue of personal data ownership is that the reasonable determination of the ownership of personal data should be related to the personal relevance of the data.This paper considers that the reasonable determination of the ownership of personal data should be related to the sensitivity of data information.In order to protect transaction safety,data transaction should be publicized.The attribute of data is intangible property right.Therefore,the cost and efficiency should be taken into account in the way of publicity.In this paper,the "quasi occupancy" is selected for the publicity of data transactions.According to the change of real right in China because of changes in ownership theory,so the data must be formed between the parties "agreement",so the change pattern of data should be "desirable" quasi occupation transfer + finally conducts the research in view of infringement problems in the transaction data,the distinction between the internal and external tort tort and determined to personal data is the tort responsibility principle of presumption of fault.