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Research On Legal Issues Of Data Transactions

Posted on:2020-11-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y RenFull Text:PDF
GTID:2416330578951188Subject:Economic Law
Abstract/Summary:PDF Full Text Request
In an information technology era,the development of big data industry is particularly rapid.Big data has been widely used in all walks of life.The huge commercial value of data has also received people's attention.For enterprises and countries,data has become Its important strategic resources.Data resources can release greater value through transaction circulation,which not only can improve the production efficiency of enterprises,but also promote industrial upgrading.The volume of data transactions is growing,and it has also spawned China's data trading market.However,China's data trading market was initially established,and relevant laws and regulations were not perfect.This also greatly restricted the development of the data trading market,and also caused the data trading market to have more problems at the same time of rapid development.For example,In reality,some illegal people obtain a large amount of information through illegal data transactions,and then seek their own illegal interests.In recent years,telecom fraud cases are common.These illegal people obtain basic data information of a large number of victims through data transactions.In order to carry out telecom fraud to obtain huge profits.Similar data transaction market chaos is endless,so it is necessary to regulate the data transaction behavior through a complete legal system,effectively solve the problems in the data transaction process,and thus maintain the order of the data transaction market.The first part of this paper analyzes the basic theory of data transaction,defines a legal basis for data transaction,summarizes the characteristics of data transaction,analyzes the legal basis of data transaction,and elaborates the personality rights and property rights of data.The second part analyzes the mature data legislation of the United States,Japan and the European Union,and evaluates its related legal system.The third part analyzes the current situation of China's data transaction market,summarizes the general situation of China's data transaction market,analyzes the common patterns of data transactions in China and the current legislative status of data transactions in China,and proposes several existing data transaction markets in China.The legal issue is that the issue of data ownership belongs to the analysis of personal data rights and enterprisedata rights.The issues of data privacy protection mainly focus on industry privacy legislation and sensitive data cleaning rules.The main responsibility of data is mainly related to internal The liability for breach of contract and the liability for infringement of third parties.The problems in data transaction rules are mainly in the three aspects of subject rules,scope rules and data quality rules.The problems in data supervision are the lack of regulatory laws and regulations and the unclear regulatory institutions..The fourth part is aimed at the problems existing in China's data transaction,and draws on the mature data legislation experience outside the domain,and puts forward the corresponding solutions to the legal problems of data transaction in China,in order to promote the orderly development of China's data transaction market.
Keywords/Search Tags:Data transaction, Data ownership, Property right, Trading rules
PDF Full Text Request
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