On The Definition And Legal Regulation Of Enterprise Data Rights

In the era of big data,the use value and economic value of data are constantly improving.As an important part of big data,enterprise data is playing an increasingly important role in the data industry.The justification of the protection of enterprise data rights by law comes from the theory of labor rights and incentive theory.It is of the following significance to endow enterprises with data rights: it is conducive to improving the competitiveness of data property rights of enterprises,to establishing the rules of data rights change,and to realizing the progress from a data power to a data power.There is a theoretical dispute over the qualitative nature of enterprise data rights.Enterprise data rights are neither real rights nor merely a kind of intellectual property rights or property interests.Although some enterprise data meet the requirements of original intellectual achievements of copyright or the requirements of trade secret elements,it is undeniable that most enterprise data still cannot be included be included in the scope of intellectual property protection.Existing laws are not comprehensive enough to regulate enterprise data,data misconduct frequently occurs,and data companies abuse data rights to violate personal privacy and public interests.The definition of enterprise data rights needs to consider two aspects: on the one hand,on the nature of enterprise data ownership,distinguish between general enterprise data ownership and special enterprise data ownership;For thespecial data,the original data product belongs to the work in the copyright law,and the business information(technical information)with value,confidentiality and confidentiality belongs to the trade secret.For general enterprise data,data property rights are endowed with theoretical basis and practical basis.The big data trading platform recognizes that data products can be traded as assets and conforms to the incentive theory and the principle of fairness and justice.On the other hand,about the specific power of the enterprise data,enterprise data,including data collection,data mining right of discretion,data storage and exchange,the enterprise data here refers to the data after data cleaning,the power of data refers to the enterprise possible forms for the realization of rights and interests of the assets of the data of various control.While seeking the legal protection of enterprise data rights,we should make clear the reasonable limitation of rights.The existing copyright law and the anti-unfair competition law are used to protect enterprise data.In addition,it is suggested that the data property right be specifically legislated to make the collection,mining and processing of data enterprises more standardized.At the same time,it should be noted that the protection of enterprise data rights should be reasonably limited to avoid the phenomenon of rights generalization.Firstly,the relationship between enterprise data and personal information should be properly balanced,and personal data should be anonymised under the principle of informed consent.Second,adhering to the principle that public interests are superior to corporate data interests,promote the sharing and free flow of dataresources,and pursue the maximization of the overall interests of the society;Third,promote fair competition among data enterprises.