The Legal Status of Digital Platforms as Civil Law Objects

The digital platform economy is undergoing rapid growth, which makes the determination of the legal framework governing digital platforms increasingly important. It is evident that a digital platform cannot be treated merely as a simple object involved in civil law relationships. A digital platform comprises multiple structural components such as databases, websites, and software applications used for data processing and enabling user interaction, as well as ensuring the overall operation of the platform. Each of these components may fall under different categories of civil law objects. Nevertheless, they are all employed for a unified functional purpose. Accordingly, in the context of civil transactions, we may regard a digital platform as a complex object. Recognizing a digital platform as a single composite intellectual property asset allows for the consolidation of all its constituent elements under a unified rights management structure. In commercial use, digital platforms are typically individualized in the marketplace, meaning that distinctive signs — such as trademarks, service marks, or trade names — may form part of the platform’s overall composition. Furthermore, platforms defined in terms of information systems — including those integrating cloud-based services — may incorporate technical infrastructure as a structural element, enabling the functioning of the information system as a whole. In such cases, a digital platform may acquire the characteristics of a property complex, encompassing various categories of assets, including tangible property, proprietary rights, and exclusive intellectual property rights.

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