Research On Rules And Regulation Of Data Element Market

The rapid development of the data element market poses new challenges to the existing rules.The huge value contained in data is called "the oil of the future".As a new production factor,data is the source of wealth in the era of data economy.The orderly flow of data is the main path to explore its value.Exploring the construction of legal rules in the data element market will help to fully release data energy,accelerate the pace of my country’s digital transformation,and enhance my country’s competitive advantage in the technological revolution.Apart from the introduction and conclusion,this paper is primarily divided into four parts.The first part,through the deconstruction and analysis of the specific concepts of data elements and data element market,integrates the problem of missing standardization at the level of data element market in our country,and explains the importance of improving the standard of data element market.The second part analyzes the detailed problems of the four core elements of the data element market in the current legal norms,and analyzes the rules and theory.The third part gives the analysis and conclusion based on the legal status of my country’s data element market by inquiring and sorting out the relevant laws and policies of data governance in the United States,Germany,the European Union and other foreign countries.In the fourth part,the author comes to conclusions with regard to the lack of current legal norms: First,the relevant legal norms should be improved as a whole,and the three basic principles of the data element market should be established.Secondly,we should take the four core elements of the data element market: data ownership,data sharing,data transaction,and data supervision as the path to jointly build a legal regulatory framework for the data element market.Specifically,build a data rights system that divides public and private data as the basis,and divides private data into personal data and non-personal data;clarify the scope of data sharing and the rights and obligations of subjects;maintain reasonable rights and obligations in view of maintaining the rights and obligations of both parties in data transactions The pricing mechanism limits the scope of tradable data.It is suggested that the transaction of personal data should not be released at this stage,and the specific obligations of the data transaction platform should be clarified to ensure a safe data transaction environment;The whole-process supervision model of the data life cycle implements the production of data catalogues,ensures the source of sufficient and high-quality data,and can refer to the credit mechanism to limit the qualifications of subjects in the field of data circulation,providing a supervisory mechanism for the supervision of the whole process of data circulation.