The Central Conference refers to the establishment of a data property rights system expert: can better play the commercial value of data

Cover reporter Meng Mei Yi Yi Li Li

The big data industry ushered in a heavy file. Recently, the "Opinions on the Establishment of Data Basic Systems Bettering the role of data elements" (hereinafter referred to as "Opinions") was reviewed and approved by the 26th meeting of the Central Committee for Comprehensive Deepening the Reform Commission. Among them, it is clear that the establishment of data resource holding rights, data processing rights, and data product management rights is divided into property rights operation mechanisms.

Wang Yuan, a partner of Beijing Gaoqin Law Firm, said in an interview with a cover reporter that the "Opinions" laid the cornerstone of my country's start to build a data basic system. From the perspective of data circulation practice, the signal released by the Opinions is that even if the data is confirmed, it will be an important part of China's establishment of a data basic system. The data of circulation and use plays a standardized role, affirming the use of data, and it will promote the economic development of the enterprise as a whole.

Wang Yuan noticed that the classification method of data resources holding, data processing and use rights, and data product management rights is a list of classification, not exhaustive classification- "I think this is not that data property rights have only these three rights these rights. type."

"In fact, after many platforms collect data, no matter in terms of self -use and circulation, they are facing greater compliance pressure. On the one hand, because of the requirements of personal information protection and data security, on the other hand Although circulation sharing is good for the industry and overall development, "Wang Yuan said.

However, the "business right" policy orientation mentioned in the "Opinions" may help change the above situation. She said that the right to operate in the data field is a relatively novel picker, which is one level than holding, possession, and use. It is to use data as a commodity to enter the field of circulation and better give play to its commercial value. Therefore, this method can be interpreted as the guidance of the country to promote data circulation, "it is good for the industry."

"China is a relatively dominant society. Especially when the law does not clearly stipulate, data confirmation, etc. are not established, the policy signals or government practical operations have a great impact on the business direction and business model of the enterprise." Wang Yuan said that the "Opinions" also clarified that the government played the role of "guiding regulation", formulated rules, and protected income, rather than monitoring or directly participating in data resource income distribution.

Wang Yuan believes that after the "Opinions" are reviewed and approved, it not only affects the existing industries such as data security, but also may give birth to a new industry, such as the company that is produced by the upstream and downstream of the data trading industry chain -data data -data Traceable company, data brokerage, etc.

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