International Journal of Frontiers in Sociology, 2025, 7(7); doi: 10.25236/IJFS.2025.070710.
Sanjun Ma
Business School, Hebei University of Engineering and Technology, Shijiazhuang, 050000, Hebei, China
In the era of digital economy, data is a key production factor, and its ownership definition is the core prerequisite for market-oriented allocation of data factors, personal privacy protection, and maintenance of market competition order. This article takes the legal issue of defining data ownership as the research object, clarifies the concept, intangibility, replicability, and other characteristics of data from a multidisciplinary perspective, and explains the connotations and limitations of related theories such as the "three element rights structure", property rights theory, and intellectual property theory; Furthermore, analyze the legal difficulties faced by the current definition of data ownership, including incomplete legal systems, disputes over ownership subject identification, imbalanced distribution of rights and interests, technological challenges, and legal lag. In response to the above difficulties, this article proposes a solution path: improving the legal system of data ownership and formulating a unified data property law; Clarify the rights and responsibilities of the subject, strengthen the control of personal data, and define the boundary of data rights between enterprises and governments; Establish a contribution based equity distribution mechanism; Promote the integration of blockchain and other technologies with laws to achieve property rights confirmation and regulation. The research provides theoretical support and practical guidance for defining data ownership, which is of great significance for promoting the healthy development of the digital economy.
Digital Economy, Data Ownership, Triple Rights Structure, Data Property Law, Equity Distribution Mechanism
Sanjun Ma. The Legal Dilemma and Solution Path of Defining Data Ownership in the Digital Economy Era. International Journal of Frontiers in Sociology (2025), Vol. 7, Issue 7: 60-66. https://doi.org/10.25236/IJFS.2025.070710.
[1] Guo Z L. Legal Interest Identification and Criminal Law Protection of Data Elements in a Digital Economy Era: From Public Order to Property Security and Market Order [J]. Law and Economy, 2025, (1): 106-125.
[2] Bao X L, Du W L. Rights Certificate of Digital Economy: Three-dimensional Rights Structure on Non-fungible Tokens [J]. Administration Reform, 2024, (11): 65-75.
[3] Cui S J. On the Delimitation of Data Rights and System Construction of the Protection and Utilization of Data under the “Calabresi-Melamed Framework” [J]. Journal of Guangdong University of Finance & Economics, 2020, (6): 78-87.