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Identification Of Property Rights And Interests Of Enterprise Data Products

Posted on:2024-05-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y F WangFull Text:PDF
GTID:2556307073966949Subject:Law
Abstract/Summary:PDF Full Text Request
The data economy is bringing earth shaking changes to social life.The continuous innovation and progress of computer technology have created a large amount of enterprise data for the market.In addition,the connection between the digital economy and social development is becoming increasingly close.The value of enterprise data has received widespread attention from both the practical and theoretical fields.The role of enterprises in the rising trend of the digital economy is obvious to all.The vigorous development of data algorithm technology by enterprises affects the long-term development of the digital economy,and a scientific and complete enterprise data property rights protection system can promote enterprises to participate in the construction of the data market with a more positive attitude.However,due to the lack of legislation in protecting corporate data and property,judicial practice faces many problems.The principled provisions stipulated in laws such as the Civil Code of the People’s Republic of China,the Personal Information Protection Law of the People’s Republic of China,and the Cybersecurity Law of the People’s Republic of China are insufficient in dealing with enterprise data disputes in the big data environment,resulting in some enterprises being unable to effectively seek legal protection for their data property interests in reality.The property rights and interests enjoyed by enterprises in their data need to be protected by legislation.Based on the above reasons,this paper takes the case of unfair competition between TB Company and MJ Company as an example to analyze the focus of the dispute involved: first,whether TB Company is justified in collecting and using network user information;Secondly,does TB Company have property rights and interests in the raw data and derivative data contained in the "Business Advisor".Based on the current legal norms,relevant judicial interpretation,theoretical research and other academic materials,this paper concludes that TB has the right to collect and use user information;TB Company has limited access to the original data contained in the "Business Advisor" and property rights to the derivative data contained in the "Business Advisor".Finally,taking this case as a starting point,the author combs out the shortcomings of the current legal and regulatory system for enterprise data in China and the difficulties of enterprise data protection,and proposes specific solutions at the legislative level,constructing enterprise data property rights,and clarifying their principles,specific content,and limitations;The circulation of data inevitably involves multiple interests,so it is necessary to establish a property rights system that balances the interests of all parties,ensuring that the interests of enterprise data are protected while not harming public interests.
Keywords/Search Tags:enterprise data, Derived data, Data empowerment, Data protection
PDF Full Text Request
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