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The “Data Resource Holding Right” and the Resolution of the Property Rights Dilemma: A Case Study on the Factorization of Online Consumer Review Data

Advance in Law / 2025,7(4): 312-320 / 2025-09-22 6 0

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• Authors: Shuying Wu Jiang Ren*
• Information:

  School of Law, Wenzhou University Law School, Wenzhou, China

• Keywords:
  Data Resource Holding Right; Determination of Data Rights; Separation of Data Property Rights; Online Consumer Review
• Abstract: In the e-commerce era, unlocking the immense economic value inherent in online consumer review data requires its factorization. The primary dilemma in this process is that the existing ownership paradigm fails to provide an effective institutional framework for data circulation, an issue that the introduction of the “data resource holding right” can resolve. The resource nature of this data is rooted in the online shopping model, while its asset nature stems from its tradability; the convergence of these two attributes makes its factorization inevitable. The effective construction of this novel right requires several precise delineations: its legal object must be strictly limited to the intermediate form of “data resources,” which have undergone de-identification and structured processing; its subject, following the principle of contribution, should be allocated to the platform as the core value creator; and its powers must be defined as a specific bundle of rights—comprising Holding, Use, Licensing, and Deletion—that is distinct from the downstream rights of data processing and product management. Furthermore, by establishing a “data access right” to counterbalance the holding right and supplementing it with a fair benefit-sharing mechanism, this framework aims to achieve the governance goals of “common use” and “shared revenue,” ultimately providing a clear and robust institutional foundation for the healthy development of the market for data factors.
• DOI: https://doi.org/10.35534/al.0704028
• Cite: Wu, S., & Ren, J. (2025). The “Data Resource Holding Right” and the Resolution of the Property Rights Dilemma: A Case Study on the Factorization of Online Consumer Review Data. Advance in Law, 7(4), 312-320.