On The Civil Law Regulation Of Data Transaction

The globalization of the data economy is unstoppable,and the rule of law in the data industry is not waiting.Data trading,as the core driving force of the data industry,requires special legal regulation.China's data trading industry has developed rapidly since 2014.So far,there are more than a dozen large trading platforms,and the output value is huge.Domestic super-large enterprises are also sitting on huge data resources,and the economic value is difficult to estimate.In addition,the appeal of personal data rights is increasing,and the public data sharing plan is gradually advanced.The current situation of China's data trading industry is extremely complicated and is subject to the people's legal system.Based on the above background,this paper studies the issue of civil regulation of data transactions.This paper defines the legal definition of data as a collection of various characters describing the attributes and relationships of objective things,and divides the data into personal data,commercial data and public data from the perspective of law;this paper determines the legal definition of data transactions as the paid subject of data subjects.The behavior of data property interests briefly describes the three types of data transactions(personal data acquisition model,data product retail model and data platform centralized sales model),and analyzes the composition of legal relationships in data transactions.This paper investigates the trading rules of typical data trading platforms in China,and summarizes the current status of data trading in China.This paper argues that although the Chinese government attaches great importance to the orderly development of data transactions,the current legislation focuses on the protection of personal data.The regulatory system is too one-sided.In addition,the actual implementation of national standards is questionable.The reason is that civil law is facing a dilemma in the regulation of data transactions: on the theoretical level,the definition of data ownership in civil law has the disputes of “property rights”,“intellectual property rights” and “intangible property theory”.There are deficienciesin the doctrine,and it is difficult to make a conclusion.On the practical level,it is difficult for civil law to recognize the property interests of personal data and commercial data.The various contracts in data transactions also have difficulty in judging the effectiveness and nature.This paper provides an overview of the legal regulation of extraterritorial data transactions.It has learned that at least 100 countries or regions around the world have indirectly regulated data transactions through legislative protection of personal data.This paper also conducted a targeted investigation and found that the world Within the scope,the country that defines the data as a whole is only Russian,but the relevant provisions are not in conformity with its civil code;in addition,other countries only define the nature of personal data,for example,the United States defines it as the object of privacy,and Germany The object defined as the general personality right,the European Union defines it as the object of “personal data protection right”;this paper also examines the typical data transaction regulation system and finds that the EU adopts an extremely strict regulatory model for the main body of commercial data.The interests are almost invisible;the United States adopts the self-regulatory norms of the industry into the safe harbor model of national legislation,paying more attention to the free development of the data trading industry,and the regulatory model and its easing.In addition,this paper combines the results of extraterritorial investigations to reflect and re-examine the "data qualitative problem",and believes that civil law should reconsider whether the data is a matter of interest or interest,and then try to explore the possibility of distinguishing data rights.And as a logical roadmap to improve the legal system of data transaction in China.Based on the results of domestic and international practice investigation and theoretical analysis,this paper considers the issue of civil law regulation in China's data transaction,and provides the following ideas and methods: First,civil law should first classify the data,and then define its nature.In terms of personal data,the object of “personal information right” is defined,the business data is defined as the object of“data property interest”,and the public data is defined as a kind of public property.Secondly,the Civil Code Personality Right is recognized."Personal informationright",and its definition,rights content,collection and handling principles and tort liability refinement provisions;again,the property rights granted to commercial data subjects will be the general trend,but it seems that the time is not yet mature,the main legislative level Taking into account the limitations of rights,in the future when the technical means is mature enough,the allocation of rights and interests of commercial data subjects may be regulated by other laws,and finally form a new type of property rights system that is independent of intellectual property rights and included in the Civil Code.Finally,this paper In combination with the existing research conclusions,try to solve the difficult problems of various types of contracts in the data transaction proposed before.Analysis: The "Personal Data Transaction Contract" cannot be used as personal data and is of course invalid.In the case of obtaining the clear meaning of the data subject or its guardian,such contract should be considered valid;"Third-party data platform transaction contract" " should be characterized as an authorized use contract;the nature of the "data supply and profit distribution contract" is more complex,such investment contracts are more similar to"hidden equity investment contracts",if contract disputes occur in practice,refer to the applicable contract The provisions of the General Principles of the Law and the relevant provisions of the Company Law and related laws regarding the protection of shareholders' rights.