Research on the Eligibility of Data Asset from the Perspective of International Investment

Abstract

The development of science and technology and economy has pushed the world into a new era of digital economy. As a key factor of production, data flows frequently in the field of international investment because of its property attributes and investment value, which indicates the trend of transnational investment in the future. For multinational investors who intend to invest in data assets, the first issue to be considered is whether data assets can become eligible investment and be protected by existing international investment entity rules and procedural rules. However, there is still ambiguity in the identification of data investment eligibility in existing investment treaties and practices. As a big country of data resources, China should actively embrace the new era of digital economy and support digital economy enterprises to make rational use of international investment arbitration system to safeguard their rights and interests when dealing with investment disputes. At the same time, we should seize the opportunity of rule-making, promote the revision of the definition of investment in bilateral investment agreements while improving domestic investment and digital legislation, and provide legal protection for accelerating China’s digital economy foreign investment cooperation.