Whereas enterprise data,by virtue of its public good attributes,cannot play the role of a reference ob-ject defining the private domain of a security right,an interest in enterprise data has property and value content and can be accommodated in the form of an interest in the form of a security object under the current legal framework.In con-trast to single empowerment or behavioural control,the inclusion of business data in a body of legal interests that have not yet risen to the level of rights and the application of the positive regulation of security law to business data interests provides more positive and flexible protection of security interests.Theoretically,an interest in enterprise data has secu-rity object suitability by virtue of its specificity and independence and its ability to be transferred for value.At the nor-mative level,it is necessary to expand the interpretation of Article 440,Paragraph 7,of the Civil Code with regard to the object of the guarantee in order to accommodate the interests of corporate data,the publicity from the unified regis-tration to a complementary mode of publicity within the system of security of rights with the registration of counterac-tion of mortgages and the validity of the transfer of pledges,and the realization of the guarantee with greater emphasis on the freedom of meaning of the parties.In addition,the introduction of third-party guarantee mechanisms,such as data labeling and data trusts,increasingly meets the two-way demand for enterprise data utilization and protection.
enterprise dataenterprise data benefitguaranteedata labelingdata trust
万方数据
维普
