The Legal Implementation of the Security of Enterprise Data Assets

DOI: https://doi.org/10.62517/jel.202514311

Author(s)

Fei Teng

Affiliation(s)

School of Law, China Jiliang University, Hangzhou, Zhejiang, China

Abstract

As a novel form of collateral in the digital economy era, the security of enterprise data assets represents a key institutional innovation to promote the capitalization of data elements. Enterprise data assets, being intangible properties, have exchange values that meet the core criteria for eligible collateral, thus enabling the establishment of security. The legal characteristics of enterprise data assets and the structure of right pledges determine that creating a right pledge thereon is more appropriate than establishing a mortgage. The security of enterprise data assets can, based on the fundamental principles of security, reference the pledge method, rely on a national integrated data registration authority, and implement a registration-effective model. Meanwhile, it is necessary to establish and improve the basic legal system for data asset pledges, introduce licensing use as the means to enforce enterprise data asset security, optimize the security enforcement path by integrating smart contract technology, and effectively safeguard the valid exercise of data asset pledge rights.

Keywords

Data Asset Security; Secured Property; Pledge of Rights; Registration Effectiveness

References

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