关键词: 数据权利, 数据交易, 登记机构, 登记职责

Abstract:

Data rights registration is pivotal to resolving the bottlenecks in data trading. The“three data rights”established in the Opinions of the CPC Central Committee and the State Council on Building a Basic Data System to Better Leverage the Role of Data Factors do not constitute exclusive or absolute property rights; consequently, the“data property rights registration”envisioned in this document is, in essence,“data rights registration.”Given the diverse origins of data rights and the varied modalities of data transactions, data rights registration should entail differentiated legal effects. Specifically, the probative force, opposability effect, and constitutive effect inherent in traditional property rights registration systems are all applicable in this context. It is advisable for the data rights registration framework to evolve gradually from an integrated model toward a centralized model. In this transition, it is imperative to address the functional separation between data exchanges and data rights registration authorities, as well as to achieve nationwide unification of the data rights registration system. Defining the core review responsibilities of data rights registration authorities hinges on clarifying both the scope of review matters and the methodologies employed. Should registration authorities or their personnel fail to fulfill their duty of reasonable review, thereby causing damage to right holders or third parties, or resulting in other serious consequences, they shall bear corresponding legal liability.

Key words: data rights, data transaction, registration authority, registration  responsibility