Among the “three data rights,” the data utilization right has been persistently overlooked, and is similar to a neglected “middle child” in the context of the data rights family. However, it is precisely during th...Among the “three data rights,” the data utilization right has been persistently overlooked, and is similar to a neglected “middle child” in the context of the data rights family. However, it is precisely during the stages of processing and utilization that data undergoes its transformations and where its economic value is ultimately created. A series of recent policy documents on treating data as a factor of production have emphasized that the building of a scientific data property rights system requires a fair and efficient mechanism for benefit distribution, which provides reasonable preference for creators of data value and use value in terms of the income generated by data elements. Constrained by the inertial thinking of property right logic, the data utilization right is often regarded as a “transitional fulcrum” wherein the holders of data resources have to authorize the operators of data products to realize data value thereby. In the future structural design and implementation of the coordination mechanism for the property right system against the backdrop of the data factor-oriented reform, the establishment of data processing and utilization as an independent right will require the implementation of two core initiatives: first, attaching importance to the independent protection of the benefit distribution;second, implementing risk regulation for data security through optimization of governance. These two initiatives will serve as the key for optimizing the data factor governance system and accelerating the release of data value.展开更多
Data guarantee is a new atypical guarantee that has arisen in digital society.Its atypicality is manifested in that,absent an agreement to the contrary between the parties,and based on a reasonable presumption regardi...Data guarantee is a new atypical guarantee that has arisen in digital society.Its atypicality is manifested in that,absent an agreement to the contrary between the parties,and based on a reasonable presumption regarding the parties’agreement and transaction expectations,the scope of validity of a data guarantee covers the data and the income generated by it,and the guarantor may,within the scope of a general authorization granted by the secured party,make limited use of the data and its income.In the digital society,the core connotation of value rights has shifted from exchange value to income value,and the income generated by data forms the foundation of guarantee value.The operational model of a data guarantee is as follows:the guarantor creates security based on its data property rights and may continue to use the data and derive income from it;the secured party exercises control over data use permissions and the flow of income.The secured party’s ability to realize its rights is predicated on full technical control over the collateral.In the events specified by law or agreed upon by the parties-such as the debtor’s failure to perform due obligations or other events agreed upon by the parties that jeopardize the security right-the secured party can,through technical control,cut off the guarantor’s continued access to the data and have priority to be satisfied from the data and the income it generates during the security period.展开更多
文摘Among the “three data rights,” the data utilization right has been persistently overlooked, and is similar to a neglected “middle child” in the context of the data rights family. However, it is precisely during the stages of processing and utilization that data undergoes its transformations and where its economic value is ultimately created. A series of recent policy documents on treating data as a factor of production have emphasized that the building of a scientific data property rights system requires a fair and efficient mechanism for benefit distribution, which provides reasonable preference for creators of data value and use value in terms of the income generated by data elements. Constrained by the inertial thinking of property right logic, the data utilization right is often regarded as a “transitional fulcrum” wherein the holders of data resources have to authorize the operators of data products to realize data value thereby. In the future structural design and implementation of the coordination mechanism for the property right system against the backdrop of the data factor-oriented reform, the establishment of data processing and utilization as an independent right will require the implementation of two core initiatives: first, attaching importance to the independent protection of the benefit distribution;second, implementing risk regulation for data security through optimization of governance. These two initiatives will serve as the key for optimizing the data factor governance system and accelerating the release of data value.
基金funded by Research on the Private Law Structure of Personal Data Transactions(23AFX014),a key project under the National Social Science Fund of China.
文摘Data guarantee is a new atypical guarantee that has arisen in digital society.Its atypicality is manifested in that,absent an agreement to the contrary between the parties,and based on a reasonable presumption regarding the parties’agreement and transaction expectations,the scope of validity of a data guarantee covers the data and the income generated by it,and the guarantor may,within the scope of a general authorization granted by the secured party,make limited use of the data and its income.In the digital society,the core connotation of value rights has shifted from exchange value to income value,and the income generated by data forms the foundation of guarantee value.The operational model of a data guarantee is as follows:the guarantor creates security based on its data property rights and may continue to use the data and derive income from it;the secured party exercises control over data use permissions and the flow of income.The secured party’s ability to realize its rights is predicated on full technical control over the collateral.In the events specified by law or agreed upon by the parties-such as the debtor’s failure to perform due obligations or other events agreed upon by the parties that jeopardize the security right-the secured party can,through technical control,cut off the guarantor’s continued access to the data and have priority to be satisfied from the data and the income it generates during the security period.
