Research On The Protection Of Enterprise Data Property Rights

Enterprise data refers to the data set that has been legally collected,analyzed and sorted out by enterprises.In the era of big data,enterprise data has become an important production resource.Clarifying the right attributes of enterprise data and constructing a reasonable enterprise data protection system are of great significance for realizing the balanced protection of personal information rights and enterprise data rights,properly resolving enterprise data rights disputes and promoting the healthy development of the data economy.At present,the academic circles have different views on the right attributes of enterprise data,mainly including the theory of intellectual property rights,the theory of creditor’s rights,and the theory of property rights and so on.In practice,the legal protection ways for corporate data are also different,mainly including intellectual property law protection,anti-unfair competition law protection,contract law protection,criminal law protection,etc.,but each protection way has certain limitations.It has a theoretical and practical basis to protect and position the right attribute of enterprise data as a new type of property right,which can effectively make up for the lack of existing remedies.Specifically,labor property theory and incentive theory constitute the theoretical basis for the protection of corporate data property rights.The development of the digital economy has guided the direction of corporate data property rights protection.The current legislation has reserved space for the further construction of specific systems,and there have been good attempts in judicial practice.When constructing an enterprise data property rights protection system,the practical experience of the European Union and the United States can be learned.Based on national conditions,following the principles of balanced protection,promotion of sharing,and prohibition of abuse of rights,data is included in the category of civil objects,and the specific content is stipulated in the form of amendments to the Civil Code.In terms of rights structure,the subject of enterprise data property rights should be the data controller.The object is the original data or derived data controlled by the data controller.These data have certain economic value and do not conflict with the current laws and do not infringe on the interests of the state,society,public or individuals.The content of the data includes positive powers such as collection,control,use,profit,and disposition,as well as negative powers such as the right to claim recovery of possession,the right to exclude nuisance,and the right to compensation for damages.In tort law relief,it is recommended to adopt the principle of fault liability and divide the tort liability into preventive liability and damage compensation liability.Taking into account the particularity of data products,the protection of corporate data property rights should be restricted to balance the interests of all parties and promote data circulation and sharing.