Research On Enterprise Data Property Right Protection System In The Background Of Big Data

Under the background of big data,the development of internet technology promotes the blowout growth of data scale,and the important economic,scientific and cultural values of big data resources are increasingly prominent.With the rise of digital economy and data industry,massive data information is the hottest competitive resource in the period of social change,even known as the "new oil of the future".Although the data has brought great convenience to social production and life under the continuous in-depth development,it has also exposed a series of data security risks.In recent years,a series of data market lawsuits have highlighted the urgent need of data protection for enterprises,especially the lack of legal and effective rules for enterprise data utilization in data market competition.Enterprises also hope to gain more favorable competitive advantages by recognizing their data rights and interests by law.Based on the above background,this paper discusses the protection of enterprise data from five parts,and tries to put forward some suggestions for the protection of enterprise data property rights in China.The first part is a general analysis of enterprise data and its legal nature.Firstly,it defines the concept and scope of enterprise data and classifies enterprise data.Secondly,the paper analyzes the prominent characteristics of enterprise data in the era of big data,which are intangible,value-added,lossless and definable.Thirdly,this paper explains the current theories of Chinese enterprise data attribute,including the theory of intellectual property object,the theory of property law object and the theory of the property right of data.Finally,this paper analyzes the theoretical disputes over the ownership of enterprise data and tries to determine the nature of the ownership of enterprise data.The second part focuses on the justification of establishing the property right of enterprise data.Firstly,supported by the theory of labor property and value addition,it recognizes the labor input and economic and social value of enterprise data.Secondly,it analyzes the legitimacy of enterprises as data subject qualification,because enterprises play an important driving role in the whole process of data value development.So it is particularly necessary to confirm the core position of enterprises in data property rights.Thirdly,this paper analyzes the possibility of enterprise data empowerment from the perspective of the scarcity,economic value and disposable of enterprise data.Finally,the property attribute of enterprise data is very necessary to the development of data economy,which is related to the competition rules of data market and the order of data circulation.The third part focuses on the investigation of the legal protection system of foreign enterprise data.The first is the EU's data protection system,which mainly analyzes the obligations of enterprises as data controllers under the GDPR,database rights of database producers and the rights of data producers.The second is the data protection system of the United States,which analyzed from its prominent areas of data theft and web crawler behavior.The third is Japan's data protection system,which mainly analyzes the "limited data provision" clause added in the amendment to the "Anti-Unfair Competition Law"and the protection objects and behaviors that are newly incorporated into "technical restriction means".Finally to evaluate three different kinds of data protection mode,and draw lessons from the edge of the part to explore the legal protection mode suitable for the data property right of enterprises in our country.The fourth part is the analysis of the current situation of legal protection of enterprise data in China.Firstly,the data belongs to the scope of compilation works in the copyright law.However,the scope of data protected by compilation works is small,which is not a good way to protect enterprise data in the long run.The second is the general provision protection of the anti-unfair competition law.The flexibility of this provision can effectively fill the legal vacancy in the protection of data property rights.However,this provision belongs to the legal norm of principle,and there is a large room for judges' discretion in judgment.Finally,trade secret protection is adopted.However,with the development of network technology,it is difficult to identify enterprise data as trade secrets.The fifth part is the legislation and related mechanism suggestions on the protection of enterprise data property rights.Firstly,we are more inclined to protect the property right of enterprise data.We should incorporate the property right of enterprise data into the civil law system,and make clear the property right of enterprise data by legislation,including the object,content and ownership of enterprise rights.Secondly,as the judgment standard of enterprise data tort is relatively general,some suggestions are put forward to refine and perfect the judgment standard of enterprise data tort.Thirdly,the paper discusses the regulation system of illegal behaviors in enterprise data transaction.Finally,considering the possible adverse effects of excessive protection of enterprise data on the public interest,it is necessary to implement moderate openness of enterprise data.