Abstract: In the era of big data, the economic value of data has become more and more prominent, and data has become the object of competition for data operators. However, with the development of the data industry, data rights and interests have not been effectively protected, and the existing legislation of China lacks specific provisions for data protection. For the legal protection of data, the legal attributes of data should first be clarified. As data has double attributes, it can be divided into personal data and data products. Meanwhile, the right boundary between personal data and data products should also be clarified, and its ownership be determined. In addition, data protection should comply with the principles of fair use, data authorization, and balance of interests, and establish a data protection system to effectively protect the legitimate rights and interests of data subjects and promote the healthy and stable development of data market in China.