Abstract:
Accurately defining the ownership of enterprise data is an important prerequisite for promoting the sharing of data resources. At present, because of the fact that the elements of enterprise data are complex and it is difficult to solidify the definition standards for the ownership of enterprise data, there are still many practical problems in the definition of the ownership of enterprise data, such as insufficient theoretical supply, inadequate legal protection system, and difficulties in balancing the interests of all parties.In view of this, a new theory of property rights can be introduced in the scope of civil law rights to give enterprise data a clear status of a right object. The core value of enterprise data lies in “algorithmic technology”, and the enterprise data can be divided into raw data and derivative data based on whether it has been processed by algorithmic technology. For raw data, the individual who generates the data enjoys the ownership, and the enterprise has the right to use and benefit from it; while for the latter, it can be confirmed that the enterprise enjoys the ownership, but necessary restrictions are placed on the content and the configuration of the rights. At the same time, it should not be overlooked that the relationship between data empowerment and data sharing should be continuously optimized, with a view to building a “co-construction, co-management and sharing”mechanism for defining the ownership of enterprise data.