第一财经

Yicai Editorial: Clarifying data property rights is essential for sustainable and long-term success

原文:一财社论:明晰数据产权才能行稳致远

The National Data Property Rights Registration System Goes Live: What Does It Really Mean?

Hello everyone, I'm your financial journalist. Today, we're talking about a topic that may sound a bit technical, but it's actually closely related to each of us and every business: the national data property rights registration service system has officially gone live for trial operation.

In simple terms, the government is now giving data “IDs.” Previously, data was like intangible air—everyone could use it, but it was hard to determine who owned it or how much it was worth. Now, the government is establishing rules and identities for data, allowing it to be traded, mortgaged, and even used as an asset, just like houses or cars.

To make this easier to understand, I'll break down the news into five key points and explain the logic and implications behind it in plain language.

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1. Core Summary: Giving Data an “Identity” to Make It Moneyable

In one sentence: The launch of the national data property rights registration system means that official “identity documents” are being issued for various forms of data.

What exactly is being done?

  • Identifying Ownership: It clarifies who owns the data (ownership rights), who can use it (usage rights), and who can profit from it (operating rights).
  • Standardization Nationwide: A set of six uniformities (object, type, process, standards, validity, system) have been established, ensuring that the registration is applicable nationwide.
  • Promoting Circulation: With these “IDs,” data can be legally bought, sold, mortgaged for financing, used as equity in companies, and even included in financial statements (as data assets).

Why is this important?

This is a crucial step in implementing the “Data Property Rights Registration Work Guidelines (Trial)” issued by the National Data Administration in July 2026. It's not just the launch of a technical system; it's also a breakthrough at the institutional level. It solves the problem of difficult data rights confirmation and lays the foundation for the marketization of data elements in the era of artificial intelligence.

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2. In-Depth Explanation 1: Why Does Data Need an “ID”? Because Property Rights Are the Starting Point of Transactions

Many people might think, “Data is just 0s and 1s—why do we need property rights if I can just copy it for you?”

Here’s an economic principle: Property rights are the foundation of all economic and social activities. Nobel laureate Ronald Coase pointed out that transactions in the real world come with costs (such as time and money spent on negotiation and contracting). If property rights are not clear, disputes arise, increasing transaction costs and potentially making transactions impossible.

  • Previous Situation: Data was like public property; anyone could use it, but no one was willing to pay for it because there was no guarantee that it wouldn’t be copied or used to violate privacy.
  • Current Change: The registration system clarifies who owns the data, who has the rights to use it, and who can sell it. It’s like issuing a property certificate for the data. Only with clear property rights will buyers be willing to pay, sellers be able to set prices, and financial institutions be willing to provide loans.

Simple Metaphor: Before, data was like “wild fruit” whose owner was unclear and could lead to legal risks. Now, data is like apples in an orchard with a clear owner, usage rights, and selling rights. With these rights defined, transactions can proceed smoothly.

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3. In-Depth Explanation 2: The Unique Nature of Data — It’s Not Like Physical Assets

Traditional property rights (like houses and cars) are usually “one owner, one set of rights.” But data has a unique characteristic: scalability. The news mentions that ownership, usage, profit, and disposal rights can be separated.

  • Example: The owner of the data could be you (if you generated it); the user could be an internet company that collected and processed it; the operator could be another AI company that bought the usage rights to train models for profit.

This raises a complex question: Who really creates the value of the data? Is it the person who provided the raw data, the person who processed it, or the person who uses it?

Explanation: The traditional “principal-agent” relationship (like a landlord and tenant) becomes more complex with data. The value of data assets depends on multiple parties, so the focus is no longer just on ownership but on establishing a clear authorization mechanism based on the value creation process.

Simple Metaphor: Data is like a dish. The owner provides the ingredients, the processor decides how to prepare it, and the seller sells it. Previously, these roles were mixed, leading to disputes. Now, the system separates them, ensuring each party fulfills their role without overstepping their boundaries.

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3. In-Depth Explanation 3: The Government Doesn’t Determine Ownership; It Creates a Platform for Market Trial and Error

This is the most profound and often misunderstood point. Many think the government will decide who owns the data.

Wrong! The news clearly states that the government’s role is to create a fair and transparent trading environment, not to directly determine the initial allocation of data.

Why doesn’t the government make the decisions?

Data is too complex, and the government can’t know the best use for each piece of data. Forced regulations might lead to inefficient resource allocation. The government’s role is to:

1. Establish a Framework: Set unified registration rules, processes, and standards.

2. Label Data: Assign initial labels for ownership, usage, and operating rights. These labels are dynamic and not permanent.

3. Facilitate Interaction: Allow market participants (companies and individuals) to find the best cooperation models through trading, negotiation, and trial and error.

Explanation: This is a principle of “law and economics.” The government provides the infrastructure (the registration system), and the market brings the vitality (trading activities). Through market transactions, the price, ownership boundaries, and cooperation models will emerge naturally.

Simple Metaphor: The government is like the operator of an exchange, providing the venue, rules, and registration services. The market determines the value, buyers, and sellers. If a transaction structure is unreasonable, it will be eliminated; if it’s reasonable, it will become a new norm.

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4. Practical Impacts on Individuals, Businesses, and the AI Industry

So, what does this system mean for us?

For Individuals:

  • Clearer Data Sovereignty: Although it’s mainly aimed at institutions, in the long run, personal data (such as health and behavior data) will have clearer ownership and profit rights. You may have the right to earn a share from companies using your data or know more about how it’s used.
  • Better Privacy Protection: With clear ownership definitions, legal accountability for data misuse and illegal trading will be more precise.

For Businesses:

  • Data as Assets: Data can now be recorded on financial statements, potentially increasing company value and making financing easier.
  • Financing Guarantees: Companies can use registered data as collateral for loans. Banks were hesitant before, but with official registration, they are more willing to lend.
  • Reduced Transaction Costs: Standardized rights documentation speeds up and makes data transactions safer, eliminating lengthy due diligence and complex contracts.

For the AI Industry:

  • Foundation for Growth: Clear data rights ensure that AI models use legally sourced and owned data, reducing legal risks.
  • Accelerated Innovation: Smooth data circulation allows for legal integration of data from different industries (e.g., healthcare and finance), fostering new AI applications.
  • Risk Pricing: Clear rights boundaries help in pricing data assets, making investments in AI more attractive.

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Conclusion: Clear Responsibilities and Rights Lead to Smooth Transactions; Clear Systems Reduce Costs

The launch of the national data property rights registration system is not the end, but the beginning. It marks a shift from the “wild growth” of China’s data market to a “regulated development” phase.

Key Points:

1. Rights Confirmation: Issuing IDs to clarify ownership, usage, and operating rights.

2. Decentralization: Utilizing data scalability to allow different parties to perform their roles.

3. Government Support: Creating a platform for market-driven optimization of property rights.

4. Empowerment: Reducing transaction costs and promoting data circulation to support new technologies like AI.

Tips for Readers:

  • Businesses: Start organizing your data assets, explore opportunities for data-based financing, and consider data financing.
  • Individuals: Pay attention to personal data rights; your data could become valuable in the future.
  • Investors: Focus on companies with high-quality data assets that can be legally traded.

Everything functions in harmony when responsibilities and rights are clear. The improvement of the data property rights system will make data as essential as water, electricity, and gas, supporting economic and social development.

Thank you for listening to this analysis. If you have any questions, feel free to ask.