北京市中闻律师事务所合伙人、中国信息界数字经济法治研究中心副主任戴伟：合规是数据资产化的前提

Core Viewpoint - The first Qinghai Data Element Ecological Conference aims to promote the new development pattern of data elements in Qinghai, injecting new momentum into the high-quality development of the digital economy in the western region [2] Group 1: Data Assetization - The data element market in China is transitioning from "resource" to "asset," with the implementation of the "Interim Provisions on Accounting Treatment of Enterprise Data Resources" on January 1, 2024, marking the operational phase of data assetization [3] - China is the first country globally to classify data as a production factor, representing significant theoretical and institutional innovation [3] - The legal framework for data governance in China is built around three core laws: the Cybersecurity Law, the Data Security Law, and the Personal Information Protection Law, supported by policies like the "Data Twenty Articles" and the aforementioned accounting provisions [3][4] Group 2: Legal and Compliance Framework - The first step in data assetization is to clarify "who has the right to use and how to use" the data, emphasizing the need for data property legislation [4] - The "Data Twenty Articles" introduces a three-rights separation system: holding rights, processing and usage rights, and product operation rights [4] - Compliance is seen as a prerequisite for data assetization, with the three fundamental laws in the compliance field being crucial [5] Group 3: Risk Management and Future Outlook - Common compliance issues include illegal acquisition, usage, disclosure, processing, trading, and data leakage, with specific risks identified in data sourcing, processing, and product development [5][6] - A four-part support system is proposed for data assetization: legal framework, compliance system, rights confirmation mechanism, and trading platform [6] - The data element market is expected to reach a scale of approximately 500 billion yuan by 2026, driven by policies promoting public data authorized operations and financial innovations like data asset securitization and data trusts [6]