Research On Legal Problem Of Internet Commercial Data

At present,with the rapid development of the Internet economy and the vigorous rise of big data's industry,the use and competition of network commercial data is increasing day by day,resulting in many legal disputes and legal disputes.How to solve the legal protection problem of network commercial data is urgent.The reason is that the legal attribute of network business data is not clear.At the beginning of this paper,the definition of network business data is first solved,and then what kind of data can be attributed to the definition of network business data.This paper defines the network commercial data as the original network data with economic and commercial value,which is collected and utilized by natural or legal persons,and is based on the Internet as the carrier of existence.And other new data with economic and commercial value derived from the integration of these raw data.Then,this paper will analyze and discuss the theory of property right,intellectual property theory and intangible property right theory,which are put forward by the academic circles to protect the network commercial data by the way of the right path.The deficiency of real right theory is that it does not take into account the invisibility of network commercial data.Intellectual property theory is also difficult to be convinced by the fact that online business data cannot be attributed to any of its objects.The theory of intangible property rights neglects the characteristics of information storage and memory of network business data.This paper puts forward that the legal attributes of network commercial data are diverse,so what kind of legal protection methods should be matched with their different legal attributes.The network business data with three characteristics of trade secret shall be protected by the mode of trade secret protection,and the original and processed network business data shall be regarded as a compilation work in the copyright protection mode.The rights and interests in Article 2 of the Law of the People's Republic of China on Anti-unfair Competition should be regarded as the rights and interests in Article 2 of the La-w of the people's Republic of China on Anti-unfair Competition,which is neither a compilation work nor a "three-characteristics" online commercial data.At the same time,referring to the effective judgment of the relevant judicial decisions at home and abroad,this paper summarizes two unfair competition situations surrounding the network commercial data:first,for other natural persons,The network business data legally enjoyed by legal persons adopts homogeneous means of competition without explicit consent,and there has been obvious substitution;Second,for other natural persons,the legal enjoyment of the network commercial data without clear consent to adopt non-homogeneous means of competition,at the same time infringe on the legitimate rights and interests of consumers.Finally,this paper puts forward some suggestions on how to protect the network commercial data in law.First,we should abandon the atmosphere of "total right";second,we should strengthen the use of general provisions of the anti-unfair competition law;and third,we should attach importance to the protection of personal information in online commercial data.