Data as Collateral: Can Data Support Financing and Capital Markets? | Data Asset Foundation
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Data as Collateral:
Can Data Support Financing and Capital Markets?

From intangible resource to financial infrastructure

Despite data becoming one of the most commercially significant resources in the global economy, it has remained largely outside the infrastructure of financial markets. That is beginning to change — and the implications are significant.

Authors Miles Benham & Carly Stratton, MannBenham Advocates
Published May 2026
Reading time 8 minutes

Across the modern economy, access to capital has always depended upon the existence of assets capable of legal recognition, governance and institutional trust. Property can be mortgaged. Receivables can be securitised. Intellectual property portfolios can support structured finance, licensing arrangements and investment transactions.

Yet despite data becoming one of the most commercially significant resources within the global economy, it has remained largely outside this infrastructure. The question is no longer whether data has value. The more important question is whether data can be structured in a way that allows financial markets to recognise, govern and ultimately rely upon it.

The Institutional Problem:
Value Without Structure

The difficulty is not that data lacks commercial utility. The difficulty is that value alone does not create an asset class.

All mature asset classes share certain institutional characteristics. They can be clearly identified. Rights and obligations can be determined with reasonable certainty. Governance frameworks exist to support control, transfer and enforcement. Third parties can assess them, diligence them and rely upon them.

Land has registries. Securities have clearing systems. Intellectual property benefits from formalised legal rights and established licensing frameworks. Data, by contrast, has historically existed in a structurally incomplete state.

Within many organisations, datasets remain fragmented across systems, governed inconsistently and subject to overlapping contractual, regulatory and operational constraints. This lack of institutional structure creates friction throughout the digital economy — constraining collaboration, complicating monetisation and reducing trust between counterparties.

// Key Point

It is not that data lacks commercial utility. The problem is that value alone does not create an asset class. Until data meets the institutional conditions that other assets meet, it will remain outside the infrastructure of capital markets.

Why Data Has Struggled
to Support Financing

Financial markets rely upon certainty. Lenders and investors require confidence that an asset can be identified, controlled, valued and, where necessary, enforced against. Data has historically struggled to satisfy those requirements across four distinct dimensions:

  1. Definition Unlike property or conventional intellectual property rights, data is dynamic. It evolves continuously through use, enrichment and interaction with other systems. Many datasets derive value not in isolation, but through integration within broader operational environments.
  2. Control Organisations may exercise practical control over data environments, but practical control is not always equivalent to legally enforceable exclusivity. Rights may be fragmented across contracts, confidentiality obligations, licensing arrangements and data protection requirements.
  3. Valuation The value of a dataset often depends upon quality, governance, interoperability, scarcity, regulatory permissions and commercial application. Markets therefore struggle to apply consistent valuation standards with confidence.
  4. Enforcement Traditional enforcement mechanisms do not translate easily to data assets. Questions arise regarding transferability, access control, downstream usage rights and practical value realisation in default scenarios.

These are not merely technical issues. They go to the core of whether financial markets can treat data as a sufficiently reliable asset for institutional capital purposes.

Lessons from the Evolution
of Intangible Assets

The current position of data is not entirely unprecedented. Historically, other intangible assets faced similar institutional barriers before legal and commercial frameworks evolved to support them.

Intellectual property, for example, became economically transformative only after the development of formal registration systems, enforceable rights structures and recognised licensing mechanisms. Over time, those frameworks enabled patents, trademarks, royalties and broader intangible asset portfolios to participate meaningfully within financing and capital markets activity.

"Markets become willing to finance intangible assets once adequate institutional infrastructure exists around them. The same principle increasingly applies to data."

Miles Benham & Carly Stratton

The central issue is not whether data resembles traditional assets in every respect. It does not. Data is non-rivalrous, continuously evolving and heavily shaped by regulatory obligations. The more relevant question is whether certain categories of governed data assets can become sufficiently identifiable, controlled and externally reliable to support commercial reliance.

From Data Resource
to Structured Asset

For data to participate more meaningfully within financing and capital markets, several institutional conditions would need to mature simultaneously:

  • Datasets must become more clearly identifiable and governed, with rights and restrictions more transparent
  • Governance frameworks must evolve beyond fragmented contractual arrangements toward more structured systems of stewardship, assurance and operational control
  • Valuation methodologies must become more consistent and defensible, providing sufficient clarity for diligence, risk assessment and comparability
  • Credible enforcement and governance pathways must exist — without which collateral structures are unlikely to achieve broad institutional acceptance

This is ultimately a question of infrastructure rather than rhetoric. The future of data finance will not be determined by broad assertions that "data is the new oil." Markets do not finance concepts. They finance structures capable of supporting trust, governance and enforceability.

The Emergence of
Data Asset Foundations

It is against this backdrop that new institutional models are beginning to emerge, including the proposed Data Asset Foundation framework being developed in the Isle of Man.

The Data Asset Foundation model seeks to address a problem that has historically remained unresolved within the digital economy: the absence of legal and operational infrastructure capable of treating governed data assets as structured economic objects.

Rather than attempting to assert ownership over information in the abstract, the framework introduces a system through which defined datasets may be governed, registered, assured and commercialised within a formal institutional environment. At its core, the framework combines five interconnected elements:

  • A legal structure capable of recognising defined data assets as personal property
  • A formal Data Asset Register to record ownership and provenance
  • Embedded governance standards aligned to frameworks such as DCAM and CDMC
  • Standardised valuation methodologies
  • A controlled distribution environment for data utilisation and sharing
// Key Point

The framework introduces a staged process culminating in formal legal recognition. A dataset does not become a recognised data asset merely through assertion. It must be defined, governed and independently assured before full registration confers legal status within the regime.

Potential Financing Models

As governance and legal frameworks mature, several forms of financing structure may begin to emerge around governed data assets:

  • Data-backed lending — financing linked to defined datasets and their associated commercial utility
  • Revenue-based financing — tied to licensing arrangements, recurring access agreements or structured utilisation rights
  • Hybrid collateral arrangements — combining governed data assets with intellectual property rights, contractual revenues and digital infrastructure

In the near term, however, the most significant impact may be more gradual. Structured data governance may improve M&A diligence, support more credible valuation exercises, strengthen investor confidence and enable more sophisticated licensing and partnership arrangements. Over time, these developments may create the institutional trust necessary for broader capital markets participation.

Why This Matters for Businesses

For many organisations — particularly those that are data-rich but asset-light — these developments may become strategically important. Businesses increasingly derive substantial enterprise value from digital and intangible resources that remain poorly reflected within conventional legal and financial systems.

As governance and registration frameworks evolve, organisations may begin reassessing how data is structured internally, how rights are managed and how digital assets are presented to investors, lenders and counterparties. This may ultimately influence financing strategy, corporate structuring, valuation analysis and broader approaches to enterprise value creation.

Historically, data governance has often been treated primarily as a compliance function. Increasingly, however, sophisticated governance may become a prerequisite not only for regulatory resilience, but for commercial scalability, institutional trust and capital efficiency.

Conclusion:
The Next Phase of the Data Economy

Data already functions as an asset in economic reality. It drives revenue. It supports artificial intelligence. It informs strategic decision-making and increasingly underpins enterprise value across the global economy.

What it has historically lacked is not importance, but institutional infrastructure. The emergence of frameworks such as Data Asset Foundations signals a broader shift: a transition away from treating data merely as an operational by-product and toward treating certain governed datasets as structured economic assets capable of supporting commercial reliance.

"The future of the digital economy will not be shaped solely by the volume of data organisations possess. It will be shaped by whether that data has been structured, governed and institutionalised in a way that allows markets to rely upon it with confidence."

Miles Benham & Carly Stratton

Frequently Asked Questions

Using data as collateral refers to financing structures in which governed datasets, data-related rights or data-derived revenue streams support lending, investment or other capital arrangements. This remains an emerging area of finance and depends heavily upon governance, legal structure and enforceability.
In many jurisdictions, data is not yet treated as a conventional standalone asset in the same way as property or securities. However, structured governance frameworks, contractual rights, database rights and emerging legal models are increasingly supporting the treatment of certain datasets as commercially recognisable assets.
Data is difficult to finance because it often lacks clear legal definition, structured governance, transparent rights management and consistent valuation methodologies. Financial markets require certainty regarding control, enforceability and value before assets can support financing structures.
A Data Asset Foundation is a legal and operational framework being developed in the Isle of Man to support the governance, registration, valuation and commercial utilisation of structured data assets.
By creating clearer governance, legal recognition and institutional trust around defined datasets, Data Asset Foundations may help establish the conditions required for licensing, valuation, financing and broader capital markets participation.
Industries including financial services, healthcare, artificial intelligence, telecommunications, logistics, infrastructure and advanced manufacturing are increasingly affected due to their reliance on proprietary datasets and digital operational models.
Elements of data-related financing already exist indirectly through intellectual property financings, licensing structures and digital platform transactions. However, fully developed data-backed financing markets remain at an early stage of development.
The Isle of Man is developing one of the first statutory frameworks specifically designed to support governed data assets through formal legal structures, registration systems and embedded governance standards.

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