Judicial Dilemmas, Positioning, and Construction Principles for the Protection of Corporate Data Property Rights

The judicial protection of corporate data property rights faces challenges in defining the scope of corporate data, effectively distinguishing corporate data property interests from other interests, and addressing the multifaceted legal nature of corporate data. Justifying the allocation of corporate data property rights requires reasoning from Locke’s labor theory of property, property economics, and legal positivism. Corporate data property rights differ from traditional property and intellectual property rights, yet do not need to be directly configured as a new type of property right. The system of corporate data property rights in China should be constructed based on the principles of protecting data subject rights, promoting data flow and sharing, and balancing interests.