The rights of enterprise data holders under the new paradigm of data property rights
Wan Meixiu
Law School, Nanchang University
Abstract： The unclear ownership of enterprise data has brought huge obstacles to the marketization of data products, and the extension of traditional property rights protection mode has been limited. How to seek a more reasonable property rights allocation scheme has become the focus of increasing attention in academia. "Data Article 20" innovatively proposes a new paradigm of constructing "three rights separation" of data property rights, and endows enterprise data holders with rights, which is an inevitable requirement for promoting the socialization of data circulation and the development of digital economy. However, the policy guidelines can not be directly equivalent to the legal rights conversion, need to be legalized through the legislative process, individual interests and common good for the construction of their rights to provide a legitimate basis. In essence, the right of enterprise data holder is a kind of "weak domination" of data, which downplays the absolute exclusive domination of ownership and emphasizes the fact domination and control of enterprise data. In the content of rights, including holding, processing, income and disposal rights, the purpose is to realize the dual value of data use and exchange, so as to resolve the conflict of interests of multiple subjects carried by enterprise data, protect the legitimate rights and interests of enterprises, and realize the value of data elements.
Key words : data property rights; separation of three powers; data flow; enterprise data holder right
