Data Trading and Legal System Construction under the Background of Digital Economy
The commercialization of data has become a fundamental production factor driving economic development.Not all data can be traded,and the facilitation of data trading requires data processors to effectively control the data.As an emerging product of the digital economy era,data trading faces difficulties in definition of ownership,behavioral regulation,and insti-tutional norms.The boundary division of data ownership cannot be achieved overnight,and is not suitable to use absolute rights for protection in the existing system of rights.In the face of frequent data trading behavior both on and off the field,it is advisable to clarify the specific rules in the data trading system as soon as possible and standardize data trading behavior at this stage.Firstly,on the basis of data classification protection mechanism,it is necessary to clarify the scope of data trading,including absolute prohibition of core data and relative prohibition of important data,personal data,and other data types.Secondly,it is necessary to establish a trustworthy data trading system,improve the security clauses in data trading contracts,and enhance the legal certainty and predictability of data trading.Thirdly,by determining data rights,we can incentivize data productization from the source and further promote the construction of a unified market for data trading.
digital economydata tradingdata ownershipdata contractpersonal data transactions