Abstract: As a production factor, data not only is the core factor of the new economy, but also changes the production methods and business models of traditional industries. Only processed data, that is, “newly generated” data, will give rise to property rights. According to different types of entities, data property rights are divided into personal data property rights, corporate data property rights, and government data property rights. Personal data property rights are absolute rights. The use and disposition by individuals of their data rights are the dominant power of data property rights, and an inevitable logic of the exercise of such rights is that the resulting income belongs to the right holders. Enterprises have the property right to their own unique data; the property right to data of an enterprise as a platform or medium belongs to its users; the property right of data obtained by the business activities of an enterprise is allocated according to its contribution. Government affairs data includes government data and social data. An open data sharing platform should be established for government affairs and a system of two-way openness of government affairs data should be implemented: on the one hand, government data is open to the society; on the other hand, social data is open to the government.

Keywords:data property rights, personal data, corporate data, government data

The author of this article is a research fellow at and the deputy head of the Commercial Law Department of CASS Law Institute. This Article is published in 3 (2021) Journal of CUPL.