نوع مقاله : علمی پژوهشی
1 دانشجوی دکتری حقوق خصوصی، دانشکدة حقوق و علوم سیاسی دانشگاه علامه طباطبائی
2 دانشیار دانشکدة حقوق و علوم سیاسی دانشگاه علامه طباطبائی
عنوان مقاله [English]
The rapid development of new information technologies and data analytics has caused the awareness of the economic value of data, turning it into a new kind of asset. In the European Union, the acceptance of data as a new legal object is not revolutionary, but what has changed is the concept of ownership. By introducing data as the vital resource of the digital economy, the development of legal rules, including ownership rights, becomes necessary. This paper discusses the concept of data, identifies the challenges in defining the property rights in data by analysing for and against arguments, and studies the position of data in intellectual property rights, trade secrets, data protection, contracts, and competition law. Attitudes towards ownership as a fundamental concept, concerning data, face various uncertainties, and focus on data ownership could arise new economic concerns and legal issues. However, the lack of legal rules on data ownership should no longer be ignored. The mentioned legal systems also do not provide a sufficient basis for ownership of data. The solution is to regulate data, based on a clear definition of ownership while respecting the fundamental rights of individuals and providing the means of success in the digital economy.
الف . فارسی