Researches on Private Law Adjustment Path of Enterprise Data Property Rights
For the allocation of rights and interests in data,the"Factor Contribution Theory"should be used as a legit-imate source,with contributions evaluated by the market and the ownership of data rights and interests determined by contributions.The enterprise data property rights model should be used as the basic model for overall data property rights.The content and boundaries of enterprise data rights should be constructed based on the needs of data produc-tion transactions,while examining the actual demand for data rights in data production transactions.In the production process of enterprise data,the data source is given complete data property rights.The challenges faced in the circula-tion and transaction process are addressed through the separation of various rights and interests.On the premise of re-specting the independent distribution plan of data subjects for data property rights,while clarifying the applicable rules for reference to contract law,tort law should be introduced to remedy violations of enterprise data property rights,in order to respect the contributions of various production factors of data subjects,strengthen incentive guid-ance based on data value creation,and create a healthy and orderly market order for data elements.
Enterprise DataData Property RightsData Transaction"20 Articles of Regulation on Data"
NETL
NSTL
万方数据
维普
