论企业数据担保的模式选择与权利登记OA

In order to give full play to the value of data elements and improve the ef-ficiency of financing,enterprises have developed financing models that use enter-prise data as the object of security.In the face of the increasing demand for transac-tions,it is urgent to clarify the eligible objects and security models for enterprise data security.Among the common data transaction objects,data assets are broadly defined and cover a wide range of data categories.Moreover,it meets the require-ment of specificity,controllability,value and value assess ability of guarantee ob-jects and should be used as the object of enterprise data security.It is recommended that a three-tier classification system for data assets be constructed to resolve dis-putes over the specificity of data assets and clarify the rights over them.Of the two modes of security,pledge of rights and hypothecation of rights,data assets should be encumbered by a pledge,and the mode of creation should be by registration.In order to balance the need for substantive review of data asset security with the need for broad publicity,it is recommended that a'dual registration'model for data as-sets be constructed,whereby the Global Big Data Exchange undertakes the sub-stantive review and registration of encumbrances,and then includes the relevant in-formation in the Uniform Security Regime for Movable Assets and Rights(UNCG-MR)for publicity purposes.