Legal Risk Identification of Data Asset Securitization

Ping Li

GBP Proceedings Series, 2026, vol. 19, 79-85

Abstract: Against the backdrop of the development, circulation, and value allocation of data elements, data asset securitization is entering a new stage of growth and institutional exploration. As data increasingly becomes a core production factor in the digital economy, the transformation of data resources into tradable and financeable assets has attracted growing attention from both the financial sector and regulatory practice. However, the issuance and trading mechanisms of data asset securitization financing products, along with their corresponding legal and regulatory frameworks, remain at an early stage of development. The inherent complexity, intangibility, and replicability of data assets make the legal risks embedded in this emerging asset class particularly prominent and worthy of systematic examination. This paper focuses on data asset securitization as an innovative segment of financial activity and conducts an in-depth analysis of the legal risks that arise throughout its design, issuance, and operation. By drawing on practical cases and authoritative materials, the study provides a structured discussion of several critical legal challenges, including the identification and definition of underlying data assets, the legitimacy and stability of data rights, the applicability and reliability of existing credit rating mechanisms, and the sufficiency and transparency of information disclosure obligations. Particular attention is paid to the difficulty of adapting traditional asset securitization legal frameworks to the unique characteristics of data assets, which often lack clear ownership boundaries, standardized valuation methods, and mature circulation rules. On this basis, the paper further explores how legal uncertainty in underlying asset recognition may affect product structuring, how limitations in credit evaluation models may weaken risk assessment, and how inadequate information disclosure may increase investor protection concerns. Through this comprehensive analysis, the study proposes targeted legal recommendations aimed at improving risk identification, strengthening compliance mechanisms, and enhancing regulatory coordination. The ultimate objective is to contribute to the standardized, compliant, and sustainable development of data asset securitization, promote legal clarity and market confidence, and support its healthy integration into the evolving financial and regulatory environment.

Keywords: data asset securitization; data elements; underlying asset identification; legal risk; credit rating mechanisms; information disclosure; regulatory compliance (search for similar items in EconPapers)
Date: 2026
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