Exploring the Paradigm of Enterprise Data Protection: Constructing Enterprise Data Rights Under the Rightification of Behavioral Regulation
Xiaowei Hu, Wen Juan Ding, Deqian Fu · Information · 2025
Against the backdrop of the marketization of data as a production factor, the configuration of enterprise data rights has become a core legal issue for incentivizing data production and promoting data circulation and utilization. However, the complexity of enterprise data—manifested in its object forms, interest subjects, and usage scenarios—has made both the traditional rights-protection paradigm and the behavioral-regulation paradigm difficult to apply. Through an analysis of existing enterprise data protection models, this study identifies that the “rightification of behavioral regulation” paradigm—originating from the bundle of rights theory and applied in the intellectual property law—combines and designs the object types and object utilization methods it encompasses to design a rights architecture logic. This framework effectively overcomes the challenges of the variability of object forms, the diversity of subject definitions and the dynamism of power division in the construction of enterprise data rights, providing a crucial paradigm foundation for the construction of enterprise data rights. This effectively overcomes the variability of object forms, the diversity of subject definitions and the dynamism of power division in the construction of enterprise data rights, providing a crucial paradigm foundation for the construction of enterprise data rights. Building upon this theoretical basis, the study proposes a systematic framework for enterprise data rights: at the level of system positioning, positioning them as a new form of property right parallel to real rights and intellectual property rights; and at the level of rights content, defining their objects to include both data sets and data products, while designing a dynamic bundle of rights centered on possession, processing and use, and operation.