Digital transformation of private enterprises in the rule of law
August 15, 2023 14:42 Source: "China Social Sciences" August 15, 2023 Issue 2713 Author: Zhang Min Yang Hongxia

July 14, 2023,"Opinions of the Central Committee of the Communist Party of China on Promoting the Development of the Private Economy" pointed out,To "accelerate digital transformation and technical transformation ... Support digital transformation of small and medium -sized enterprises,Promote low cost、Promotion and Application of Modular Smart Manufacturing Equipment and System "。The 20th National Congress of the Communist Party of China proposes to "accelerate the development of the digital economy,Promote the deep integration of the digital economy and the real economy,Create a digital industry cluster with international competitiveness "。The private economy as the promotion of Chinese -style modernization forces,Digital transformation is an inevitable requirement for private enterprises to realize innovation and development,It is also implementing the new development concept、The deserved meaning of promoting high -quality development。Digital transformation of private enterprises is inseparable from sound protection of the rule of law,can be expanded from three dimensions。

  Taking corporate data security as the center

Private enterprises assume the main responsibility of data and data security collected and generated in the work of the enterprise。Private enterprises have small、San、Features of weak,Especially in the process of digital transformation, most private enterprises face funds、Technology、Talents with scarce talents,Some private enterprises have neglected the management of data security and the protection of personal information,Then facing risks such as data security and personal information leak。The primary problem in the digital transformation of private enterprises bet365 best casino games is coordinating safety and development,Digital transformation work must be carried out with corporate data security as the center,Perform data safely through all aspects of data processing activities。

Private enterprises shall be in accordance with the provisions of the Data Security Law and the Personal Information Protection Law,Data security protection obligations,Take data security measures,Effectively protect personal information。During the digital transformation process, data collection will be involved、Storage、Use、Processing、Transmission、Provide、Public and other series of activities。First,Private enterprises should pay attention to data security in ideology,Establish the correct corporate data security concept,Adhering to the principle of digital transformation with data security guarantee。Next,Collect during business development、Storage、Processing private enterprises with a large amount of network data,The responsibility of data security compliance management should be included in the existing compliance management organization system,Establish a data security department within the enterprise,and strictly establish and improve the full -process network data security management system in accordance with the requirements of laws and regulations、Standards and specifications,Data security compliance management responsibilities of compliance management agencies and related departments at all levels,Perform data classification management and authority management of data。again,Private enterprises should also pay attention to organizing network data security education and training,Take corresponding technical measures and other necessary measures,Performing the obligations of network data security protection,Avoid the risk of data Bet365 app download leaks。Last,Private enterprises should strengthen infrastructure construction of data security protection,Combined with the digital transformation trend of enterprises、Safety offensive and defensive situation and their own software and hardware levels to build protection facilities。For important data,It is also necessary to clarify the person in charge of the security and the management agency。

During the digital transformation process of private enterprises,Relevant national departments shall formulate specific guidelines for data classification and classification,Specific work to guide private enterprises' data security。On the one hand,With the principle of prudential,Standardize the collection of private enterprises、Activity to handle personal data,If private enterprises are required to collect personal information, they should strictly implement the principle of "Knowledge -Agree",When using personal information for automated decision -making,Do not implement unreasonable differences in transaction conditions such as transaction prices。At the same time,Data security risks and personal information leakage risks in the operation and management process of private enterprises can be investigated and evaluated by random inspection.,Enterprises with high risk of data security or personal information,Punishment in accordance with relevant laws and regulations。On the other hand,Based on the principle of tolerance,Avoid excessive strict supervision,In terms of time、Give a certain space for private enterprises,Allow private enterprises to gradually improve the data security mechanism,Digital transformation。

  Taking corporate data rights and interests as thrust

Data involved in the complicated combination of personality, legal, legal and property legal benefits,For enterprises,Data carries the integration Bet365 app download of data in the development of science and technology and socialized production.、Industrialization、The property of property derived from the application of commercialization。Corporate data comes from the one hand from other natural persons、Data collection and sorting by legal person and illegal organization,On the other hand, it comes from the data generated by the company's own production and management activities,Both the original data collected by the enterprise,It also includes anonymousization of the collected data、Derivative data formed after processing, etc.。Enterprise data formed in the digital transformation of private enterprises,It is also the data asset of private enterprises,Protecting the data rights and interests of private enterprises is an important driving force for the digital transformation of private enterprises。

"Civil Code" Article 127 "Law Pay Data、The protection of online virtual property is specified,In accordance with its provisions ", the clauses are generally provided for data protection,The existing "Network Security Law", "Data Security Law" and "Personal Information Protection Law" emphasize "security"。Generally speaking,At present, legislation of corporate data rights and interests still needs to be improved。The first thing that needs to be solved in legislation is the problem of data confirmation。Whether it is original data or derivative data,All consider the financial material resources of the actual investment of private enterprises,Reasonable construction of data property rights right,Clarify data equity belonging in legislation。Based on this, clarify the infringement rules and infringement of data equity,Comprehensive infringement liability、During a variety of ways of default responsibility to provide comprehensive protection for data rights and interests。other,After the data becomes an important production element,The Bet365 app download increasing disputes around data acquisition and utilization are increasing,Data competition disputes between network platforms have become a new trend of disputes。Five of the top ten typical cases of data anti -unfair competition released by the "2023 Zhongguancun Intellectual Property Forum" are 5 cases of the top ten cases of competition.。So,The data rights and interests of private enterprises should not be ignored by protecting the data rights and interests of private enterprises in justice。

  Using data elements as a path

April 2020,Opinions of the Central Committee of the Communist Party of China on the establishment of a more complete factor market -based allocation system and mechanism "proposed that it is necessary to accelerate the cultivation of the data element market,Clear data and land、Labor forces、Capital、Technology is all production factors,Increase data elements into the income distribution system。Data as a new type of production element,Is digitalization、Basis of Netlature and Intelligence。The larger the data scale、The higher the quality,The higher the economic value contained in the data,The more economic benefits created after the data is put into production。Data elements on a large scale、High -quality supply is the power and foundation of the booming digital economy。Digital transformation of private enterprises,Whether it is industrial digital or digital industrialization,Nothing can be separated from data elements as the support force of the means of production。

Data factor market construction is an important way to ensure the supply of data elements,Platform trading mode is an important mode of realizing the effective flow of data and giving full play to the value of factor。Cultivating development data trading platform is an important part of exploring the construction of data factor markets,Provide the rule of law for the construction bet365 Play online games of the data factor market,It should speed up legislation on data transactions。Establish a data trading platform self -discipline supervision and administrative supervision in parallel supervision mode through legislation,Clarify the status of the data trading platform、Nature and obligations。Data trading platform as a place for data transactions,It should build platform management rules and data transaction rules,Give play to the data trading platform to maintain trading security in data transactions、Promoting transaction development and other functions。Clarify the main rights and obligations of both parties of the data transaction,and stipulate the liability for breach of contract for data transactions,Try to minimize data transaction disputes,Promoting data transaction dispute resolution。

At the same time,To construct the ecological service legal system of third -party professional service agencies around data elements,Determine the fair competition relationship between the circulation of data factor and the third -party professional service agency in trading,Regulations are integrated with data、Data brokers、Compliance certification、Security audit、Risk assessment、Data insurance、Data hosting、Asset evaluation、Dispute arbitration、Risk assessment、Talent training and other third -party professional service agencies in data factor circulation and trading service ecosystems between data factor circulation、Configuration of rights and obligations。Strike data monopoly,Maintenance of the fair competition in the data element market,Promoting the healthy development of the data element market。

  (This article is the State Social Science Fund project "Research

(The author is a professor of public policy and management of Northwest Public University of Technology; lawyer Bet365 app download of Guangdong Cinda (Xi'an) Law Firm) 

Editor in charge: Cui Bohan
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