Ownership Structures in Digital Asset Management and the Emerging Legal Framework of Data-Based Property Rights

Abstract

Digital assets have transformed traditional concepts of property and economic value by enabling new forms of ownership, control, and monetisation grounded in data. As governments, financial institutions, and technology platforms increasingly rely on data-driven infrastructures, the legal system faces the challenge of defining who holds legitimate authority over data-derived assets and under what conditions such authority may be exercised. The shift from tangible to intangible forms of value has created a structural gap between classical property doctrines and the realities of algorithmic, decentralised, and platform-mediated environments. This article examines the emerging legal architecture surrounding data-based property rights and analyses how different ownership structures are being shaped within contemporary digital asset management systems. The study adopts an analytical–descriptive methodology combined with a synthesis of recent jurisprudence and regulatory developments in data governance, digital markets, and blockchain-based infrastructures. By evaluating how legal systems reconcile conflicts between privacy, economic freedom, and technological innovation, the article highlights the tensions that arise when data serves simultaneously as an economic resource, a personal identifier, and a governance instrument. The findings show that although various jurisdictions have adopted fragmented approaches to regulating data ownership, common principles are emerging around data stewardship, shared control models, transparency obligations, and accountability mechanisms embedded within digital platforms. Through this framework, the article proposes a structured interpretation of data-based ownership that differentiates between possession, control, access, and economic rights—dimensions that increasingly diverge in digital ecosystems. The conclusions emphasise that legal recognition of data as an asset cannot rely solely on traditional property concepts. Instead, a hybrid model integrating rights-based protections, contractual governance, and technological enforcement mechanisms is required to ensure fairness, security, and predictability in the management of digital assets. This approach ultimately supports the development of a coherent and sustainable legal foundation for data-driven economies and strengthens the legitimacy of emerging digital asset ecosystems.